Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Rules and Regulations 8247 

■ a. Remove ‘‘Voucher tenancy:’’ from 

the section heading; 

■ b. In paragraph (a) introductory text, 

remove the phrase ‘‘tenant-based 

assistance under the voucher program’’ 

and add in its place ‘‘HCV assistance’’; 

■ c. In paragraph (a)(1), remove the 

phrase ‘‘tenant-based voucher’’ and add 

in its place ‘‘HCV’’ and remove the 

phrase ‘‘§ 401.421 of this title’’ and add 

in its place ‘‘24 CFR 401.421’’; and 

■ d. In paragraph (a)(2), remove ‘‘tenantbased’’ and add in its place ‘‘HCV’’. 

§ 982.505 [Amended] 

■ 29. In § 982.505, remove ‘‘Voucher 

tenancy:’’ from the section heading. 

■ 30. Revise § 982.516(d)(2) to read as 

follows: 

§ 982.516 Family income and composition: 

Regular and interim examinations. 

* * * * * 

(d) * * * 

(2) At the effective date of a regular or 

interim reexamination, the PHA must 

make appropriate adjustments in the 

housing assistance payment in 

accordance with § 982.505. 

* * * * * 

§ 982.517 [Amended] 

■ 31. In § 982.517(c)(1), capitalize the 

word ‘‘a’’ at the beginning of the 

paragraph and remove the word ‘‘PHAs’’ 

and add in its place ‘‘has’’. 

§§ 982.518, 982.519, and 982.520 

[Removed] 

■ 32. Remove §§ 982.518 through 

982.520. 

§ 982.521 [Amended] 

■ 33. Remove § 982.521(c). 

§ 982.552 [Amended] 

■ 34. In § 982.522(c)(2)(iii), add ‘‘may’’ 

before ‘‘consider whether’’. 

§ 982.553 [Amended] 

■ 35. In § 982.553(a)(2)(ii)(B), remove 

the phrase ‘‘not to have’’ and add in its 

place ‘‘not have’’. 

§ 982.555 [Amended] 

■ 36. Amend § 982.555 as follows: 

■ a. In paragraph (a), add a space 

between the paragraph heading and 

paragraph (a)(1), capitalize the word ‘‘a’’ 

at the beginning of paragraph (a)(1), 

remove paragraph (a)(1)(iv), and 

redesignate paragraphs (a)(1)(v) and (vi) 

as paragraphs (a)(1)(iv) and (v), 

respectively; and 

■ b. In paragraphs (b)(4), (5), (6), and (7), 

capitalize the word ‘‘a’’ at the beginning 

of each paragraph. 

§ 982.601 [Amended] 

■ 37. In § 982.601(c)(1), add a period 

after ‘‘e.g’’. 

§ 982.615 [Amended] 

■ 38. In § 982.615(b), remove ‘‘HA’’ and 

add in its place ‘‘PHA’’. 

■ 39. Revise § 982.619(b)(4) to read as 

follows: 

§ 982.619 Cooperative housing. 

* * * * * 

(b) * * * 

(4) Adjustments are applied to the 

carrying charge as determined in 

accordance with this section. 

* * * * * 

§ 982.623 [Amended] 

■ 40. Amend § 982.623 as follows: 

■ a. Remove paragraph (a); 

■ b. Remove the heading of paragraph 

(b). 

■ c. Redesignate paragraphs (b)(1) 

through (4) as paragraphs (a) through 

(d), respectively; 

■ d. In newly redesignated paragraph 

(c), further redesignate paragraphs (i) 

and (ii) as paragraphs (c)(1) and (2), 

respectively; and 

■ e. In newly redesignated paragraph 

(d), further redesignate paragraphs (i) 

through (iii) as paragraphs (d)(1) 

through (3), respectively. 

§ 982.625 [Amended] 

■ 41. In § 982.625(g)(2), add a space 

between ‘‘its’’ and ‘‘Section 8’’. 

§ 982.627 [Amended] 

■ 42. In § 982.627(c)(2)(ii)(A), remove 

the line break between ‘‘voucher’’ and 

‘‘program’’. 

§ 982.631 [Amended] 

■ 43. In § 982.631(c)(2)(iii), remove the 

line break between ‘‘unit’’ and ‘‘unless’’. 

§ 982.636 [Amended] 

■ 44. In § 982.636(c), add a period after 

‘‘e.g’’. 

§ 982.641 [Amended] 

■ 45. In § 982.641(c)(3), in the crossreference ‘‘§ 982.353(b)(1), (2), and (3)’’, 

remove ‘‘(b)(1),(2), and (3)’’. 

Dated: February 9, 2015. 

Jemine A. Bryon, 

Acting Assistant Secretary for Public and 

Indian Housing. 

[FR Doc. 2015–03037 Filed 2–13–15; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 401 and 405 

[CMS–6037–RCN] 

RIN 0938–AQ58 

Medicare Program; Reporting and 

Returning of Overpayments; Extension 

of Timeline for Publication of the Final 

Rule 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS). 

ACTION: Extension of timeline for 

publication of a final rule. 

SUMMARY: This document announces the 

extension of the timeline for publication 

of the ‘‘Medicare Program; Reporting 

and Returning of Overpayments’’ final 

rule. We are issuing this notice in 

accordance with the Social Security Act 

(the Act) which requires notice to be 

provided in the Federal Register if there 

are exceptional circumstances that 

cause us to publish a final rule more 

than 3 years after the publication date 

of the proposed rule. In this case, the 

complexity of the rule and scope of 

comments warrants the extension of the 

timeline for publication. 

DATES: As of February 17, 2015, CMS 

extends by 1 year the timeline for 

publication of a final rule concerning 

policies and procedures for reporting 

and returning overpayments to the 

Medicare program for providers and 

suppliers of services under Parts A and 

B of title XVIII as outlined in the 

proposed rule published February 16, 

2012, at 77 FR 9179. 

FOR FURTHER INFORMATION CONTACT: Joe 

Strazzire, (410) 786–2775. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 1871(a)(3)(A) of the Social 

Security Act (the Act) requires the 

Secretary, in consultation with the 

Director of the Office of Management 

and Budget (OMB), to establish a regular 

timeline for the publication of a final 

rule based on the previous publication 

of a proposed rule or an interim final 

rule. In accordance with section 

1871(a)(3)(B) of the Act, such regular 

timeline may vary among different final 

rules, based on the complexity of the 

rule, the number and scope of the 

comments received, and other relevant 

factors. The timeline for publishing the 

final rule, however, cannot exceed 3 

years from the date of publication of the 

proposed or interim final rule, unless 


tkelley on DSK3SPTVN1PROD with RULES
8248 Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Rules and Regulations 

there are exceptional circumstances. 

After consultation with the Director of 

OMB, the Department, through CMS, 

published a notice in the December 30, 

2004 Federal Register (69 FR 78442) 

establishing a general 3-year timeline for 

publishing Medicare final rules after the 

publication of a proposed or interim 

final rule. 

II. Notice of Continuation 

The Medicare program (title XVIII of 

the Act) is the primary payer of health 

care for approximately 50 million 

enrolled beneficiaries. Providers and 

suppliers furnishing Medicare items and 

services must comply with the Medicare 

requirements set forth in the Act and in 

CMS regulations. The requirements are 

meant to ensure compliance with 

applicable statutes, promote the 

furnishing of high quality care, and to 

protect the Medicare Trust Funds 

against fraud and improper payments. 

On March 23, 2010, the Affordable 

Care Act was enacted. Section 6402(a) of 

the Affordable Care Act established a 

new section 1128J(d) of the Act. Section 

1128J(d)(1) of the Act requires a person 

who has received an overpayment to 

report and return the overpayment to 

the Secretary, the State, an 

intermediary, a carrier, or a contractor, 

as appropriate, at the correct address, 

and to notify the Secretary, State, 

intermediary, carrier or contractor to 

whom the overpayment was returned in 

writing of the reason for the 

overpayment. Section 1128J(d)(2) of the 

Act requires that an overpayment be 

reported and returned by the later of— 

(A) the date which is 60 days after the 

date on which the overpayment was 

identified; or (B) the date any 

corresponding cost report is due, if 

applicable. Section 1128J(d)(3) of the 

Act specifies that any overpayment 

retained by a person after the deadline 

for reporting and returning an 

overpayment is an obligation (as defined 

in 31 U.S.C. 3729(b)(3)) for purposes of 

31 U.S.C. 3729. 

In the February 16, 2012 Federal 

Register (77 FR 9179), we published a 

proposed rule that would implement the 

provisions of section 1128J(d) of the Act 

as to Medicare Parts A and B. This 

notice extends by 1 year the timeline for 

publication of a final rule concerning 

policies and procedures for reporting 

and returning overpayments to the 

Medicare program for providers and 

suppliers of services under Parts A and 

B of title XVIII as outlined in the 

February 16, 2012 proposed rule. 

However we continue to remind all 

stakeholders that even without a final 

regulation they are subject to the 

statutory requirements found in section 

1128J(d) of the Act and could face 

potential False Claims Act liability, 

Civil Monetary Penalties Law liability, 

and exclusion from Federal health care 

programs for failure to report and return 

an overpayment. 

Based on both public comments 

received and internal stakeholder 

feedback, we have determined that there 

are significant policy and operational 

issues that need to be resolved in order 

to address all of the issues raised by 

comments to the proposed rule and to 

ensure appropriate coordination with 

other government agencies. Specifically, 

the development of the final rule 

requires collaboration among both the 

Department of Health and Human 

Services’ (HHS’) Office of the Inspector 

General and the Department of Justice. 

Our decision to extend the timeline 

for issuing a final regulation related to 

the reporting and returning of Medicare 

overpayments should not be viewed as 

a diminution of the Department’s 

commitment to timely and effective 

rulemaking in this area. Our goal 

remains to publish a final rule that 

provides clear requirements for persons 

to report and return Medicare 

overpayments. At this time, we believe 

we can best achieve this balance by 

issuing this continuation notice. 

This notice extends the timeline for 

publication of the final rule for this 

rulemaking for 1 year—until February 

16, 2016. 

III. Collection of Information 

This document does not impose 

information collection requirements, 

that is, reporting, recordkeeping or 

third-party disclosure requirements. 

Consequently, there is no need for 

review by the Office of Management and 

Budget under the authority of the 

Paperwork Reduction Act of 1995. 

IV. Regulatory Impact Statement 

This document extends the timeline 

for publication of the Medicare Program; 

Reporting and Returning of 

Overpayments final rule; and therefore, 

there are no regulatory impact 

implications associated with this notice. 

Authority: Section 1871 of the Social 

Security Act (42 U.S.C. 1395hh). 

Dated: February 9, 2015. 

C’Reda Weeden, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2015–03072 Filed 2–13–15; 8:45 am] 

BILLING CODE 4120–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 2 

[GN Docket No. 13–185; FCC 14–31] 

Commercial Operations in the 1695– 

1710 MHz, 1755–1780 MHz, and 2155– 

2180 MHz Bands 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rules; announcement of 

effective date. 

SUMMARY: In this document, the 

Commission announces that the Office 

of Management and Budget (OMB) has 

approved, for a period of three years a 

non-substantive change to a currently 

approved information collection 

requirements contained in the 

regulations in the ‘‘Commercial 

Operations in the 1695–1710 MHz, 

1755–1780 MHz, and 2155–2180 MHz.’’ 

The information collection requirement 

was approved on December 23, 2014 by 

OMB. 

DATES: The amendments to 47 CFR 

2.1033(c)(19)(i) through (ii), published 

at 79 FR 32410, June 4, 2014, is effective 

February 17, 2015. 

FOR FURTHER INFORMATION CONTACT: For 

additional information contact Nancy 

Brooks on (202) 418–2454 or email 

Nancy.Brooks@fcc.gov. 

SUPPLEMENTARY INFORMATION: This 

document announces that on December 

23, 2014, OMB approved, for a period of 

three years a non-substantive change to 

a currently approved information 

collection requirement contained in 47 

CFR 2.1033(c)(19)(i) through (ii). The 

Commission publishes this document to 

announce the effective date of this rule 

section. See, Amendment of the 

Commission’s rules with Regard to 

Commercial Operations in the 1695– 

1710 MHz, 1755–1780 MHz, and 2155– 

2180 MHz, GN Docket No. 13–85; FCC 

14–31, 79 FR 32410, June 4, 2014. 

Synopsis 

As required by the Paperwork 

Reduction Act of 1995, (44 U.S.C. 3507), 

the Commission is notifying the public 

that it received OMB approval on 

December 23, 2014, for the information 

collection requirement contained in 47 

CFR 2.1033(c)(19)(i) through (ii). Under 

5 CFR part 1320, an agency may not 

conduct or sponsor a collection of 

information unless it displays a current, 

valid OMB Control Number. 

No person shall be subject to any 

penalty for failing to comply with a 

collection of information subject to the 

Paperwork Reduction Act that does not 


tkelley on DSK3SPTVN1PROD with RULES