[Federal Register Volume 71, Number 184 (Friday, September 22, 2006)]
[Notices]
[Pages 55480-55481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8008]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[CMS-8030-CN]
RIN 0938-AO23


Medicare Program; Medicare Part B Monthly Actuarial Rates, 
Premium Rates, and Annual Deductible for Calendar Year 2007; Correction

AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.

ACTION: Correction of notice.

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SUMMARY: This document corrects a technical error in the notice that 
appeared in the Federal Register on September 18, 2006 entitled 
``Medicare Part B Monthly Actuarial Rates, Premium Rates, and Annual 
Deductible for Calendar Year 2007.''
    Effective Date: January 1, 2007.

FOR FURTHER INFORMATION CONTACT: M. Kent Clemens, (410) 786-6391.

SUPPLEMENTARY INFORMATION:

I. Background

    In FR Doc. 06-7709 of September 18, 2006 (71 FR 54665), there was a 
technical error in the calculation of the income-related monthly 
adjustment amounts. This error is identified and corrected in the 
Correction of Errors section below. The provisions of this correction 
notice are effective as if they had been included in the document that 
appeared in the Federal Register on September 18, 2006. Accordingly, 
the corrections are effective January 1, 2007.
    Under section 5111 of the Deficit Reduction Act of 2005 (Pub. L. 
109-171) (DRA), in 2007 beneficiaries will be responsible for 33 
percent of any applicable income-related monthly adjustment to the Part 
B premium. In the earlier notice, we inadvertently stated that 
beneficiaries would only be

[[Page 55481]]

responsible for ``one-third of any applicable income-related monthly 
adjustment amount,'' and we used a value of 33\1/3\ percent to 
calculate the income-related monthly adjustment amounts. In this 
notice, we are correcting the income-related adjustment amounts to 
reflect a value of ``33 percent'' as the basis for the calculation of 
these rates.

II. Correction of Errors

    In FR Doc. 06-7709 of September 18, 2006 (71 FR 54665), make the 
following corrections:
    1. On page 54665, in the third column, in the second paragraph, 
line sixteen, the term ``one third'' is corrected to read ``33 
percent.''
    2. On page 54665, in the third column, in the third paragraph, line 
eight, following the parenthetical and comma ``(standard premium),'' 
the premium rates are corrected to read $105.80, $124.40, $142.90, and 
$161.40.
    3. On pages 54667 and 54668, in the third column, following the 
fifth paragraph, in the first table following the section titled 
``II.A., Notice of Medicare Part B Monthly Actuarial Rates, Monthly 
Premium Rates, and Annual Deductible,'' the amounts listed in the 
second row of the table are corrected to read $12.30, $105.80; third 
row are corrected to read $30.90, $124.40; fourth row are corrected to 
read $49.40, $142.90, and fifth row are corrected to read $67.90, 
$161.40.
    4. On page 54668, in the third column, following the first 
paragraph, in the second table following the section titled ``II.A., 
Notice of Medicare Part B Monthly Actuarial Rates, Monthly Premium 
Rates, and Annual Deductible,'' the amounts listed in the second row 
are corrected to read $49.40, $142.90, and third row are corrected to 
read $67.90, $161.40.
    5. On page 54669, in the third column, following the third 
paragraph, in the first table following the section titled ``5. Premium 
Rates and Deductible,'' the amounts listed in the second row are 
corrected to read $12.30, $105.80; the third row are corrected to read 
$30.90, $124.40; the fourth row are corrected to read $49.40, $142.90; 
and the fifth row are corrected to read $67.90, $161.40.
    6. On pages 54669 and 54670, in the third column, in the fourth 
paragraph, in the second table following the section titled ``5. 
Premium Rates and Deductible,'' the amounts listed in the second row 
are corrected to read $49.40, $142.90; and the third row are corrected 
to read $67.90, $161.40.
    7. On page 54672, in the third column, following the first full 
paragraph, in the first table following the section titled ``III. 
Regulatory Impact Analysis,'' the amounts listed in the second row are 
corrected to read $12.30, $105.80; the third row are corrected to read 
$30.90, $124.40; the fourth row are corrected to read $49.90, $142.90; 
and the fifth row are corrected to read $67.90, $161.40.
    8. On page 54672, in the third column, following the second 
paragraph, in the second table, the amounts listed in the second row 
are corrected to read $49.40, $142.90; and the third row are corrected 
to read $67.90, $161.40.
    9. On page 54672, in the first column, in the fourth paragraph, 
after the clause ``The monthly impact on the beneficiaries who are 
required to pay a higher premium for 2007 because their income exceeds 
specified thresholds is * * * the amounts and text are corrected to 
read as follows ``$12.30, $30.90, $49.40, or $67.90 which is in 
addition to the standard monthly premium.''

III. Waiver of Proposed Rulemaking

    We ordinarily publish a notice of proposed rulemaking in the 
Federal Register to provide a period for public comment before the 
provisions of a rule take effect in accordance with section 553(b) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). However, we 
can waive this notice and comment procedure if the Secretary finds, for 
good cause, that the notice and comment process is impracticable, 
unnecessary, or contrary to the public interest, and incorporates a 
statement of the finding and the reasons therefore in the notice.
    The Medicare statute requires the publication of the monthly 
actuarial rates and the Part B premium amounts in September. We 
ordinarily use general notices, rather than notice and comment 
rulemaking procedures, to make such announcements. In doing so, we note 
that, under the Administrative Procedure Act, interpretive rules, 
general statements of policy, and rules of agency organization, 
procedure, or practice are excepted from the requirements of notice and 
comment rulemaking.
    This notice corrects an inadvertent error in the notice that 
appeared in the Federal Register on September 18, 2006, entitled 
``Medicare Part B Monthly Actuarial Rates, Premium Rates, and Annual 
Deductible for Calendar Year 2007.'' In that notice, we also determined 
that notice and comment was unnecessary because the formulas used to 
calculate the Part B premium and the income-related monthly adjustment 
amounts are statutorily directed and we can exercise no discretion in 
applying those formulas. Moreover, the statute establishes the time 
period for which the premium rates will apply, and delaying publication 
of the Part B premium rate such that it would not be published before 
that time would be contrary to the public interest.
    For the same reasons, we find good cause to waive notice and 
comment procedures with respect to this correction notice. In addition, 
this correction notice includes the changes necessary to correct a 
technical error in the computation of the income-related monthly 
adjustment amount under the statutory formula. Because these changes 
affect the amount of the Part B income-related monthly adjustment that 
will be paid by certain beneficiaries, it is in the public interest to 
ensure that these changes are made as soon after the publication of the 
original notice as possible.

(Catalog of Federal Domestic Assistance Program No. 93.773, 
Medicare--Hospital Insurance; and Program No. 93.774, Medicare--
Supplementary Medical Insurance Program)

    Dated: September 18, 2006.
Ann C. Agnew,
Executive Secretary to the Department.
[FR Doc. 06-8008 Filed 9-19-06; 8:51 am]
BILLING CODE 4120-01-P