[Federal Register Volume 89, Number 208 (Monday, October 28, 2024)]
[Rules and Regulations]
[Pages 85431-85432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24910]



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DEPARTMENT OF THE TREASURY

31 CFR Part 33

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 435 and 600

Office of the Secretary

45 CFR Parts 153, 155, and 156

[CMS-9895-F2]
RIN-0938-AV22


Patient Protection and Affordable Care Act, HHS Notice of Benefit 
and Payment Parameters for 2025; Updating Section 1332 Waiver Public 
Notice Procedures; Medicaid; Consumer Operated and Oriented Plan (CO-
OP) Program; and Basic Health Program; Correcting Amendment

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

ACTION: Correcting amendment.

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SUMMARY: This document corrects technical and typographical errors in 
the final rule that appeared in the April 15, 2024 issue of the Federal 
Register entitled, ``Patient Protection and Affordable Care Act, HHS 
Notice of Benefit and Payment Parameters for 2025; Updating Section 
1332 Waiver Public Notice Procedures; Medicaid; Consumer Operated and 
Oriented Plan (CO-OP) Program; and Basic Health Program.'' The 
effective date of the final rule was June 4, 2024.

DATES: Effective October 28, 2024 and applicable beginning June 4, 
2024.

FOR FURTHER INFORMATION CONTACT: Dolma Tsering, (301) 448-3925.

SUPPLEMENTARY INFORMATION:

I. Background

    In FR Doc. 2024-07274 of April 15, 2024 (89 FR 26218), the final 
rule entitled ``Patient Protection and Affordable Care Act, HHS Notice 
of Benefit and Payment Parameters for 2025; Updating Section 1332 
Waiver Public Notice Procedures; Medicaid; Consumer Operated and 
Oriented Plan (CO-OP) Program; and Basic Health Program'' (hereinafter 
referred to as the 2025 Payment Notice), there were technical errors 
that are identified and corrected in the regulations text of this 
correcting amendment. The provisions of this correcting amendment are 
effective October 28, 2024 and are applicable beginning June 4, 2024.

II. Summary of Errors in the Regulation Text

    On page 26424, in the amendatory instruction for Sec.  156.111, we 
inadvertently noted changes to paragraph (b)(2) and not specifically 
paragraphs (b)(2)(i) and (ii). Therefore, paragraphs (b)(2)(iii) 
through (v) were inadvertently deleted.

III. Waiver of Proposed Rulemaking and Delay in Effective Date

    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.
    Section 553(d) of the APA ordinarily requires a 30-day delay in 
effective date of final rules after the date of their publication in 
the Federal Register. This 30-day delay in effective date can be 
waived, however, if an agency finds for good cause that the delay is 
impracticable, unnecessary, or contrary to the public interest, and the 
agency incorporates a statement of the findings and its reasons in the 
rule issued.
    Our policy on streamlining the process for States to update their 
Essential Health Benefits (EHB) benchmark plans in the 2025 Payment 
Notice has previously been subjected to notice and comment procedures. 
This correcting amendment is consistent with the discussion of this 
policy in the 2025 Payment Notice and does not make substantive changes 
to this policy. Instead this correcting amendment merely corrects 
technical errors, specifically an unintended deletion, in the 
regulations text caused by an error in the amendatory instructions of 
the 2025 Payment Notice. As a result, this correcting amendment is 
intended to ensure that the 2025 Payment Notice accurately reflects the 
policy adopted in the final rule, which did not otherwise indicate any 
intention to delete the regulations text that was unintentionally 
deleted. Therefore, we find that undertaking further notice and comment 
procedures to incorporate these corrections into the final rule is 
unnecessary and contrary to the public interest.
    For the same reasons, we are also waiving the 30-day delay in 
effective date for this correcting amendment. We believe that it is in 
the public interest to ensure that the regulations text accurately 
reflects the policy set forth in the 2025 Payment Notice streamlining 
the process for States to update their EHB-benchmark plans. Thus, 
delaying the effective date of this correcting amendment would be 
contrary to the public interest. Therefore, we also find good cause to 
waive the 30-day delay in effective date.

List of Subjects in 45 CFR Part 156

    Administrative practice and procedure, Advertising, Advisory 
committees, Brokers, Conflict of interests, Consumer protection, Grant 
programs--health, Grants administration, Health care, Health insurance, 
Health maintenance organization (HMO), Health records, Hospitals, 
Indians, Individuals with disabilities, Loan programs--health, 
Medicaid, Organization and functions (Government agencies), Public 
assistance programs, Reporting and recordkeeping requirements, State 
and local governments, Sunshine Act, Technical assistance, Women, 
Youth.

    For the reasons set forth in the preamble, HHS corrects 45 CFR part 
156 by making the following correcting amendments:

PART 156--HEALTH INSURANCE ISSUER STANDARDS UNDER THE AFFORDABLE 
CARE ACT, INCLUDING STANDARDS RELATED TO EXCHANGES

0
1. The authority citation for part 156 continues to read as follows:

    Authority:  42 U.S.C. 18021-18024, 18031-18032, 18041-18042, 
18044, 18054, 18061, 18063, 18071, 18082, and 26 U.S.C. 36B.

0
2. Section 156.111 is amended by adding paragraphs (b)(2)(iii) through 
(v) to read as follows:


Sec.  156.111  State selection of EHB-benchmark plan for plan years 
beginning on or after January 1, 2020.

* * * * *
    (b) * * *
    (2) * * *
    (iii) Not have benefits unduly weighted towards any of the 
categories of benefits at Sec.  156.110(a);
    (iv) Provide benefits for diverse segments of the population, 
including women, children, persons with disabilities, and other groups; 
and
    (v) Not include discriminatory benefit designs that contravene the 
non-

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discrimination standards defined in Sec.  156.125.
* * * * *

Elizabeth J. Gramling,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2024-24910 Filed 10-25-24; 8:45 am]
BILLING CODE 4120-01-M