[Federal Register Volume 89, Number 189 (Monday, September 30, 2024)]
[Rules and Regulations]
[Pages 79450-79452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22203]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 422, 423, and 460

[CMS-4201-F5 and CMS-4205-F4]
RIN 0938-AV24 and 0938-AU96


Medicare Program; Changes to the Medicare Advantage and the 
Medicare Prescription Drug Benefit Program for Contract Year 2024--
Remaining Provisions and Contract Year 2025 Policy and Technical 
Changes to the Medicare Advantage Program, Medicare Prescription Drug 
Benefit Program, Medicare Cost Plan Program, and Programs of All-
Inclusive Care for the Elderly (PACE); Correcting Amendment

AGENCY: Centers for Medicare & Medicaid Services (CMS), Department of 
Health and Human Services (HHS).

ACTION: Final rule; correcting amendment.

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SUMMARY: This document corrects technical and typographical errors in 
the final rule that appeared in the April 23, 2024 Federal Register 
titled ``Medicare Program; Changes to the Medicare Advantage and the 
Medicare Prescription Drug Benefit Program for Contract Year 2024--
Remaining Provisions and Contract Year 2025 Policy and Technical 
Changes to the Medicare Advantage Program, Medicare Prescription Drug 
Benefit Program, Medicare Cost Plan Program, and Programs of All-
Inclusive Care for the Elderly (PACE).'' The effective date of the 
final rule was June 3, 2024.

DATES: This correcting amendment is effective September 30, 2024.

FOR FURTHER INFORMATION CONTACT: 
    Carly Medosch, (410) 786-8633--General Questions.
    Naseem Tarmohamed, (410) 786-0814--Part C and Cost Plan Issues.
    Lucia Patrone, (410) 786-8621--Part D Issues.
    Kelley Ordonio, (410) 786-3453--Parts C and D Payment Issues.
    Hunter Coohill, (720) 853-2804--Enforcement Issues.
    Lauren Brandow, (410) 786-9765--PACE Issues.
    Sara Klotz, (410) 786-1984--D-SNP Issues.
    Joe Strazzire, (410) 786-2775--RADV Audit Appeals Issues.
    <a href="/cdn-cgi/l/email-protection#d282b3a0a691b3bcb69681a6b3a080b3a6bbbcb5a192b1bfa1fcbabaa1fcb5bda4"><span class="__cf_email__" data-cfemail="5d0d3c2f291e3c3339190e293c2f0f3c2934333a2e1d3e302e7335352e733a322b">[email protected]</span></a>--Parts C and D Star Ratings 
Issues.

SUPPLEMENTARY INFORMATION:

[[Page 79451]]

I. Background

    In FR Doc. 2024-07105 of April 23, 2024 (89 FR 30448), the final 
rule titled ``Medicare Program; Changes to the Medicare Advantage and 
the Medicare Prescription Drug Benefit Program for Contract Year 2024--
Remaining Provisions and Contract Year 2025 Policy and Technical 
Changes to the Medicare Advantage Program, Medicare Prescription Drug 
Benefit Program, Medicare Cost Plan Program, and Programs of All-
Inclusive Care for the Elderly (PACE)'', there were several 
typographical and technical errors that are identified and corrected in 
this correcting amendment.

II. Summary of Errors

    We are correcting typographical and grammatical errors in the 
regulatory text of Sec. Sec.  422.101(f)(3)(iv)(B)(3), 422.514(h)(2), 
and 423.346(e)(2), respectively.
    We are correcting inadvertent technical and typographical errors in 
the regulations text of Sec.  423.153.
    In Sec.  460.20, we inadvertently revised paragraph (c), when we 
intended to redesignate paragraphs (c) through (e) as paragraphs (d) 
through (f) and add a new paragraph (c). Our intent was to finalize the 
proposed changes to Sec.  460.20 that were included in the proposed 
rule that appeared in the December 27, 2022 Federal Register (87 FR 
79452) titled ``Medicare Program; Contract Year 2024 Policy and 
Technical Changes to the Medicare Advantage Program, Medicare 
Prescription Drug Benefit Program, Medicare Cost Plan Program, Medicare 
Parts A, B, C, and D Overpayment Provisions of the Affordable Care Act 
and Programs of All-Inclusive Care for the Elderly; Health Information 
Technology Standards and Implementation Specifications.'' We are 
providing corrected instructions to address this error and redesignate 
paragraphs (d) and (e) as paragraphs (e) and (f), and to specify that 
we are adding new paragraph (d).

III. Waiver of Proposed Rulemaking and Delay in Effective Date

    Under 5 U.S.C. 553(b) of the Administrative Procedure Act (APA), 
the agency is required to publish a notice of the proposed rule in the 
Federal Register before the provisions of a rule take effect. 
Specifically, 5 U.S.C. 553 requires the agency to publish a notice of 
the proposed rule in the Federal Register that includes a reference to 
the legal authority under which the rule is proposed, and the terms and 
substance of the proposed rule or a description of the subjects and 
issues involved. Further, 5 U.S.C. 553 requires the agency to give 
interested parties the opportunity to participate in the rulemaking 
through public comment on a proposed rule. Similarly, section 
1871(b)(1) of the Act requires the Secretary to provide for notice of 
the proposed rule in the Federal Register and provide a period of not 
less than 60 days for public comment for rulemaking to carry out the 
administration of the Medicare program under title XVIII of the Act. In 
addition, section 553(d) of the APA, and section 1871(e)(1)(B)(i) of 
the Social Security Act (the Act) mandate a 30-day delay in effective 
date after issuance or publication of a rule. Sections 553(b)(B) and 
553(d)(3) of the APA provide for exceptions from the notice and comment 
and delay in effective date APA requirements. In cases in which these 
exceptions apply, sections 1871(b)(2)(C) and 1871(e)(1)(B)(ii) of the 
Act, also provide exceptions from the notice and 60-day comment period 
and delay in effective date requirements of the Act. Section 553(b)(B) 
of the APA and section 1871(b)(2)(C) of the Act authorize an agency to 
dispense with normal rulemaking requirements for good cause if the 
agency makes a finding that the notice and comment process are 
impracticable, unnecessary, or contrary to the public interest. In 
addition, both section 553(d)(3) of the APA and section 
1871(e)(1)(B)(ii) of the Act allow the agency to avoid the 30-day delay 
in effective date where such delay is contrary to the public interest 
and an agency includes a statement of support.
    We believe that this correcting amendment does not constitute a 
rule that would be subject to the notice and comment or delayed 
effective date requirements of the APA or section 1871 of the Act. This 
correcting amendment corrects typographical and technical errors in the 
regulatory text of the final rule but does not make substantive changes 
to the policies that were adopted in the final rule. As a result, this 
correcting amendment is intended to ensure that the information in the 
final rule accurately reflects the policies adopted in that final rule.
    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 regulatory 
text correction in this document into the final rule or delaying the 
effective date would be unnecessary, as we are not altering our 
policies or regulatory changes, but rather, we are simply implementing 
the policies and regulatory changes that we previously proposed, 
requested comment on, and subsequently finalized.
    This final rule correcting amendment is intended solely to ensure 
that the final rule and the Code of Federal Regulations (CFR) 
accurately reflect policies and regulatory changes that have been 
adopted through rulemaking. Furthermore, such 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, we believe we have good 
cause to waive the notice and comment and effective date requirements.

List of Subjects

42 CFR Parts 422 and 423

    Administrative practice and procedure, Health facilities, Health 
maintenance organizations (HMO), Medicare, Penalties, Privacy, 
Reporting and recordkeeping requirements.

42 CFR Part 460

    Aged, Citizenship and naturalization, Civil rights, Health, Health 
care, Health records, Individuals with disabilities, Medicaid, 
Medicare, Religious discrimination, Reporting and recordkeeping 
requirements, Sex discrimination.

    For the reasons set forth in the preamble, the Centers for Medicare 
& Medicaid Services corrects 42 CFR chapter IV by making the following 
correcting amendments:

PART 422--MEDICARE ADVANTAGE PROGRAM

0
1. The authority citation for part 422 continues to read as follows:

    Authority:  42 U.S.C. 1302, 1306, 1395w-21 through 1395w-28, and 
1395hh.


Sec.  422.101  [Amended]

0
2. Amend Sec.  422.101, in paragraph (f)(3)(iv)(B)(3), by removing the 
phrase ``related SNP operations.'' and adding in its place the phrase 
``related to SNP operations.''.


Sec.  422.514  [Amended]

0
3. Amend Sec.  422.514, in paragraph (h)(2), by removing the phrase 
``(or continue to cover individuals'' and adding in its place the 
phrase ``(or continue to cover) individuals''.

[[Page 79452]]

PART 423--VOLUNTARY MEDICARE PRESCRIPTION DRUG BENEFIT

0
4. The authority citation for part 423 continues to read as follows:

    Authority:  42 U.S.C. 1302, 1306, 1395w-101 through 1395w-152, 
and 1395hh.


Sec.  423.153  [Amended]

0
5. Amend Sec.  423.153 by:
0
a. Revising the section heading;
0
b. In paragraph (a), removing the phrase ``an MTMP as described'' and 
adding in its place the phrase ``an MTM program as described'';
0
c. In paragraph (d), adding a paragraph heading;
0
d. In paragraph (d)(1)(vi), removing the term ``MTMP'' and adding in 
its place the phrase ``MTM program'';
0
e. In paragraph (d)(1)(vii) introductory text, removing the term 
``MTMP'' and adding in its place the phrase ``MTM program'';
0
f. In paragraph (d)(6), removing the term ``MTMP'' and adding in its 
place the phrase ``MTM program''; and
0
g. Redesignating paragraphs (g)(i) through (iii) as paragraphs 
(g)(1)(i) through (iii).
    The revision and addition read as follows:


Sec.  423.346  Drug utilization management, quality assurance, 
medication therapy management (MTM) programs, drug management programs, 
and access to Medicare Parts A and B claims data extracts.

* * * * *
    (d) Medication therapy management (MTM) program--* * *
* * * * *

0
6. Amend Sec.  423.346, in paragraph (e)(2), by removing the phrase 
``contracts that is'' and adding in its place the phrase ``contracts 
that are''.

PART 460--PROGRAMS OF ALL-INCLUSIVE CARE FOR THE ELDERLY (PACE)

0
7. The authority citation for part 460 continues to read as follows:

    Authority:  42 U.S.C. 1302, 1395, 1395eee(f), and 1396u-4(f).


0
8. Amend Sec.  460.20 by:
0
a. Redesignating paragraphs (d) and (e) as paragraphs (e) and (f); and
0
b. Adding a new paragraph (d).
    The addition reads as follows:


Sec.  460.20  Notice of CMS determination.

* * * * *
    (d) Additional information requested. If CMS determines that an 
application is not complete because it does not include sufficient 
information to make a determination, CMS will request additional 
information within 90 days, or 45 days for applications set forth in 
Sec.  460.10(a)(2), after the date of submission of the application.
    (1) The time limits in paragraph (a) of this section do not begin 
until CMS receives all requested information and the application is 
complete.
    (2) If more than 12 months elapse between the date of initial 
submission of the application and the entity's response to the CMS 
request for additional information, the entity must update the 
application to provide the most current information and materials 
related to the application.
* * * * *

Elizabeth J. Gramling,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2024-22203 Filed 9-27-24; 8:45 am]
BILLING CODE 4120-01-P


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