[Federal Register Volume 89, Number 16 (Wednesday, January 24, 2024)]
[Rules and Regulations]
[Pages 4547-4548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01378]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 54

[TD 9985]
RIN 1545-BQ94

DEPARTMENT OF LABOR

Employee Benefits Security Administration

29 CFR Part 2590

RIN 1210-AC24

DEPARTMENT OF HEALTH AND HUMAN SERVICES

45 CFR Part 149

[CMS-9890-CN]
RIN 0938-AV39


Federal Independent Dispute Resolution (IDR) Process 
Administrative Fee and Certified IDR Entity Fee Ranges; Correction

AGENCY: Internal Revenue Service (IRS), Department of the Treasury; 
Employee Benefits Security Administration, Department of Labor; Centers 
for Medicare & Medicaid Services, Department of Health and Human 
Services (HHS).

ACTION: Final rule; correction.

-----------------------------------------------------------------------

SUMMARY: This document corrects technical errors that appeared in the 
December 21, 2023 final rules entitled, ``Federal Independent Dispute 
Resolution (IDR) Process Administrative Fee and Certified IDR Entity 
Fee Ranges.''

DATES: This correcting document is effective January 22, 2024.

FOR FURTHER INFORMATION CONTACT: Shira B. McKinlay or William Fischer, 
Internal Revenue Service, Department of the Treasury, 202-317-5500; 
Shannon Hysjulien or Rebecca Miller, Employee Benefits Security 
Administration, Department of Labor, 202-693-8335; and Jacquelyn Rudich 
or Nora Simmons, Centers for Medicare & Medicaid Services, Department 
of Health and Human Services, 301-492-5211.

SUPPLEMENTARY INFORMATION:

I. Background

A. Introduction

    On December 21, 2023, the Departments of Health and Human Services 
(HHS), Labor, and the Treasury (collectively, the Departments) 
published FR Doc. 2023-27931 (88 FR 88494), entitled ``Federal 
Independent Dispute Resolution (IDR) Process Administrative Fee and 
Certified IDR Entity Fee Ranges'' (final rules) related to the fees 
established by the No Surprises Act for the Federal IDR process, as 
established by the Consolidated Appropriations Act, 2021. The final 
rules (88 FR 88524 and 88525) contained non-substantive technical 
errors in the amendatory instructions for the regulation text and the 
HHS title that are identified in section II. of this document and 
corrected in section IV. of this document. The provisions in this 
correction document are effective as of the effective date of the final 
rules, because the Departments determined there is good cause to waive 
any delay in effective date for the reasons set forth in section III. 
of this document. Accordingly, the corrections are effective January 
22, 2024.

B. Regulations Overview

    The final rules amended existing regulations to provide that the 
administrative fee amount charged by the Departments to participate in 
the Federal IDR process and the ranges for certified IDR entity fees 
for single and batched determinations will be set by the Departments 
through notice and comment rulemaking. The preamble to the final rules 
also set forth the methodology used to calculate the administrative fee 
and the considerations used to develop the certified IDR entity fee 
ranges. The final rules also finalized the amount of the administrative 
fee and the certified IDR entity fee ranges for disputes initiated on 
or after the effective date of the final rules. Below, the Departments 
summarize the errors in the final rules and describe the corrections 
that the Departments are making in this document.

II. Summary of Errors

    In the final rules the Departments inadvertently made technical 
errors in the amendatory instructions for the regulation text for all 
three Departments. Amendatory instruction 3.h. incorrectly stated that 
the Department of the Treasury was removing ``; and'' at the end of 
newly redesignated 26 CFR 54.9816-8T(e)(2)(xii) and adding a period in 
its place. Similarly, amendatory instruction 5.h. incorrectly stated 
that the Department of Labor was removing ``; and'' at the end of newly 
redesignated 29 CFR 2590.716-8(e)(2)(xii) and adding a period in its 
place, and amendatory instruction 7.h. incorrectly stated that the 
Department of Health and Human Services was removing ``; and'' at the 
end of newly redesignated 45 CFR 149.510(e)(2)(xii) and adding a period 
in its place. Instead, the Departments intended for these amendments to 
apply to newly redesignated 26 CFR 54.9816-8T(e)(2)(xi), 29 CFR 
2590.716-8(e)(2)(xi), and 45 CFR 149.510(e)(2)(xi), respectively, 
rather than newly redesignated 26 CFR 54.9816-8T(e)(2)(xii), 29 CFR 
2590.716-8(e)(2)(xii), and 45 CFR 149.510(e)(2)(xii), which do not 
include ``; and'' at the end of each paragraph and already end with 
periods. Finally, the Departments made a typographical error in the 
title line for HHS and incorrectly referenced 49 CFR subtitle A rather 
than 45 CFR subtitle A. Accordingly, the Departments are revising the 
title line for HHS to accurately reflect the correct title.

III. Waiver of Proposed Rulemaking and Waiver of the Delay in Effective 
Date

    Under the Administrative Procedure Act (APA) (5 U.S.C. 551, et 
seq.), while a general notice of proposed rulemaking and an opportunity 
for public comment is generally required before the promulgation of 
regulations, this is not required when an agency, for good cause, finds 
that notice and public comment are impracticable, unnecessary, or 
contrary to the public interest and incorporates a statement of the 
reasons for that finding in the document.
    The APA also generally requires that a final rule be effective no 
sooner than 30 days after the date of publication in the Federal 
Register. Sections 553(b)(B) and 553(d)(3) of the APA provide for 
exceptions from the APA notice and comment and delay in effective date 
requirements. Section 553(b)(B) of the APA authorizes an agency to 
dispense with normal notice and comment rulemaking procedures for good 
cause if the agency makes a finding that the notice and comment process 
is impracticable, unnecessary, or contrary to the public interest and 
includes a statement of the finding and the reasons for it in the rule. 
Similarly, section 553(d)(3) of the APA allows the agency

[[Page 4548]]

to avoid the 30-day delay in effective date where good cause is found 
and the agency includes in the rule a statement of the finding and the 
reasons for it.
    The Departments are publishing this technical correction without 
advance notice or an opportunity for comment because it falls under the 
``good cause'' exception of the APA, 5 U.S.C. 553(b)(B).
    This document corrects technical and typographical errors made in 
the final rules, which were published in accordance with the APA after 
the Departments proposed the rules and provided the public with an 
opportunity to comment on the proposals, and will be effective on 
January 22, 2024. The corrections contained in this document do not 
make any substantive changes to the policies adopted in the final rules 
and merely make typographical corrections to the amendatory 
instructions of the regulation text and the HHS title line. Therefore, 
the Departments find for good cause that it is impracticable, 
unnecessary, and contrary to the public interest to undertake further 
notice and comment procedures to incorporate these corrections.
    The Departments are also waiving the 30-day delay in effective date 
for these corrections. It is in the public interest to ensure that the 
final rules setting forth requirements for group health plans, health 
insurance issuers offering group or individual health insurance 
coverage, providers, facilities, and providers of air ambulance 
services relating to the administrative fee amount and certified IDR 
entity fee ranges for participation in the Federal IDR process 
accurately state the Departments' policies as of the date they take 
effect. Therefore, the Departments find that delaying the effective 
date of these corrections beyond the January 22, 2024 effective date of 
the final rules would be contrary to the public interest. In doing so, 
the Departments find good cause to waive the 30-day delay in the 
effective date.

IV. Correction of Errors in the Regulation Text

    In FR Doc. 2023-27931 of December 21, 2023 (88 FR 88494), the 
following corrections are made:


26 CFR 54.9816-8T  [Corrected]

0
1. On page 88524, in the first column, in amendment 3.h. for 26 CFR 
54.9816-8T, the instruction ``Removing ``; and'' at the end of newly 
redesignated paragraph (e)(2)(xii) and adding a period in its place.'' 
is corrected to read ``Removing ``; and'' at the end of newly 
redesignated paragraph (e)(2)(xi) and adding a period in its place.''


29 CFR 2590.716-8  [Corrected]

0
2. On page 88524, in the second column, in amendatory instruction 5.h. 
for 29 CFR 2590.716-8, the amendatory instruction ``Removing ``; and'' 
at the end of newly redesignated paragraph (e)(2)(xii) and adding a 
period in its place.'' is corrected to read ``Removing ``; and'' at the 
end of newly redesignated paragraph (e)(2)(xi) and adding a period in 
its place.''

45 CFR Subtitle A

0
3. On page 88525, in the first column, the title line for the 
Department of Health and Human Services ``49 CFR Subtitle A'' is 
corrected to read ``45 CFR Subtitle A''.


45 CFR  149.510 [Corrected]

0
4. On page 88525, in the first column, in amendatory instruction 7.h. 
for 45 CFR 149.510, the amendatory instruction ``Removing ``; and'' at 
the end of newly redesignated paragraph (e)(2)(xii) and adding a period 
in its place.'' is corrected to read ``Removing ``; and'' at the end of 
newly redesignated paragraph (e)(2)(xi) and adding a period in its 
place.''

Oluwafunmilayo A. Taylor,
Section Chief, Publications and Regulations Section, Associate Chief 
Counsel, Procedure and Administration, Internal Revenue Service.
Amber M. Rivers,
Director, Office of Health Plan Standards and Compliance Assistance, 
Employee Benefits Security Administration, Department of Labor.
Elizabeth J. Gramling,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2024-01378 Filed 1-22-24; 11:15 am]
BILLING CODE 4150-29-P; 4830-01-P; 4120-01-P