[Federal Register Volume 88, Number 226 (Monday, November 27, 2023)]
[Rules and Regulations]
[Pages 82786-82787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25696]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Part 402

Office of the Secretary

45 CFR Part 102

[CMS-6061-CN]
RIN 0938-AT86


Medicare Program; Medicare Secondary Payer and Certain Civil 
Money Penalties; 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 technical errors in the final rule that 
appeared in the October 11, 2023 Federal Register titled ``Medicare 
Program; Medicare Secondary Payer and Certain Civil Money Penalties''.

DATES: Effective date: This correcting document is effective December 
11, 2023.

FOR FURTHER INFORMATION CONTACT: Brian Broznowicz, (410) 786-3349.

SUPPLEMENTARY INFORMATION:

I. Background

    This correcting document identifies and corrects errors in FR Doc. 
2023-22282 of October 11, 2023 (88 FR 70363). The provisions in this 
correction document are effective as if they had been included in the 
document published October 11, 2023. Accordingly, the corrections are 
effective December 11, 2023.

II. Summary of Errors

    On page 70363, we inadvertently omitted a part of the header.
    On page 70372, we made an error in the Words of Issuance.
    On page 70373, we made technical errors in the amendatory 
instructions as well as the headings, entries, and table notes in the 
civil monetary penalty adjustment table at 45 CFR 102.3.

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). The notice of proposed rulemaking includes a reference to the 
legal authority under which the rule is proposed, and the terms and 
substances of the proposed rule or a description of the subjects and 
issues involved. This procedure can be waived, however, if an agency 
finds good cause that a notice-and-comment procedure is impracticable, 
unnecessary, or contrary to the public interest and incorporates a 
statement of the finding and its reasons in the rule issued.
    We believe that this final rule correcting document does not 
constitute a rule that would be subject to the notice and comment or 
delayed effective date requirements. This document merely corrects 
typographical and technical errors in the final rule, and it does not 
make substantive changes to the policies or the implementing 
regulations that were adopted in the final rule. As a result, this 
final rule correcting document is intended to ensure that the 
information in the final rule accurately reflects the policies and 
regulatory amendments adopted in that document.
    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 minor 
corrections in this document into the final rule or delaying

[[Page 82787]]

the effective date would be unnecessary, as we are not altering our 
policies or regulatory changes, but rather, we are simply correctly 
implementing the policies and regulatory changes that we previously 
proposed, requested comment on, and subsequently finalized. This final 
rule correcting document is intended solely to ensure that the final 
rule accurately reflects these policies and regulatory changes. 
Furthermore, additional 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, for all of the reasons cited above, we believe we 
have good cause to waive the notice and comment and effective date 
requirements.

IV. Correction of Errors

    In FR Doc. 2023-22282 of October 11, 2023 (88 FR 70363), we are 
making the following corrections:

0
1. On page 70363, second column, lines 5 and 6, the header of the 
document is corrected to read as follows:

42 CFR Part 402

Office of the Secretary

45 CFR Part 102

0
2. On page 70372, first column, the fifth full paragraph (Words of 
Issuance) is corrected to read as follows:
    For the reasons set forth in the preamble, the Centers for Medicare 
& Medicaid Services amends 42 CFR chapter IV as set forth below:

0
3. On page 70373, starting in the third column, amendatory instruction 
5 and the accompanying regulatory text is corrected to read as follows:
0
5. Section 102.3 is amended in table 1 by--
0
a. Revising the entries for ``1395y(b)(6)(B)'' and 
``1395y(b)(7)(B)(i)''; and
0
b. Adding an entry for ``1395y(b)(8)(E)(i)'' in alphanumerical order.
    The revisions and addition read as follows:


Sec.  102.3  Penalty adjustment and table.

* * * * *

                                     Table 1 to Sec.   102.3--Civil Monetary Penalty Authorities Administered by HHS
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                                                                                                           Date of last                    2023 maximum
                                                                                                             penalty,      2022 maximum      adjusted
       U.S.C. section(s)               CFR \1\          HHS agency             Description \2\               figure or       adjusted       penalty \4\
                                                                                                          adjustment \3\    penalty ($)         ($)
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
42 U.S.C.:
 
                                                                      * * * * * * *
1395y(b)(6)(B).................  42 CFR               CMS            Penalty for any entity that                    2022           3,701           3,988
                                  402.1(c)(20),                       knowingly, willfully, and
                                  402.105(a).                         repeatedly fails to complete a
                                                                      claim form relating to the
                                                                      availability of other health
                                                                      benefits in accordance with
                                                                      statute or provides inaccurate
                                                                      information relating to such on
                                                                      the claim form.
1395y(b)(7)(B)(i)..............  42 CFR               CMS            Penalty for any entity serving as              2022           1,325           1,428
                                  402.1(c)(21),                       insurer, third party
                                  402.105(a).                         administrator, or fiduciary for a
                                                                      group health plan that fails to
                                                                      provide information that
                                                                      identifies situations where the
                                                                      group health plan is or was a
                                                                      primary plan to Medicare to the
                                                                      HHS Secretary.
 
                                                                      * * * * * * *
1395y(b)(8)(E)(i)..............  42 CFR               CMS            Penalty for any entity serving as              2022           1,325           1,428
                                  402.1(c)(22),                       insurer, third party
                                  402.105(b)(2).                      administrator, or fiduciary for a
                                                                      non-group health plan that fails
                                                                      to provide information that
                                                                      identifies situations where the
                                                                      group health plan is or was a
                                                                      primary plan to Medicare to the
                                                                      HHS Secretary.
 
                                                                      * * * * * * *
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\1\ Some HHS components have not promulgated regulations regarding their civil monetary penalty-specific statutory authorities.
\2\ The description is not intended to be a comprehensive explanation of the underlying violation; the statute and corresponding regulation, if
  applicable, should be consulted.
\3\ Statutory or Inflation Act Adjustment.
\4\ OMB Memorandum M-16-06, Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, published February 24,
  2016, guided agencies on initial ``catch-up'' adjustment requirements, and M-17-11, Implementation of the 2017 annual adjustment pursuant to the
  Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, published December 16, 2016; followed by M-18-03, M-19-04, M-20-05, M-21-
  10, M-22-07, and M-23-05 guided agencies on annual adjustment requirements.

* * * * *

Elizabeth J. Gramling,
Executive Secretary, Department of Health and Human Services.
[FR Doc. 2023-25696 Filed 11-24-23; 8:45 am]
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