[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)]
[Proposed Rules]
[Pages 61519-61520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27943]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 405, 417, 422, 423, 460, and 498

[CMS-4182-CN]
RIN 0938-AT08


Medicare Program Contract Year 2019 Policy and Technical Changes 
to the Medicare Advantage, Medicare Cost Plan, Medicare Fee-For-
Service, the Medicare Prescription Drug Benefit Programs, and the PACE 
Program; Correction

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

ACTION: Proposed rule; correction.

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SUMMARY: This document corrects technical and typographical errors in 
the proposed rule that appeared in the November 28, 2017 issue of the 
Federal Register titled ``Medicare Program Contract Year 2019 Policy 
and Technical Changes to the Medicare Advantage, Medicare Cost Plan, 
Medicare Fee-For-Service, the Medicare Prescription Drug Benefit 
Programs, and the PACE Program''.

FOR FURTHER INFORMATION CONTACT: Marie Manteuffel, (410) 786-3447. 
Lucia Patrone, (410) 786-8621.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. 2017-25068 of November 28, 2017 (82 FR 56336), there 
were a number of technical and typographical errors that are identified 
and corrected in the Correction of Errors section of this correcting 
document.

II. Summary of Errors

A. Summary of Errors in the Preamble

    On page 56366, in the listing of parts of the Code of Federal 
Regulations (CFR) that are being revised by the proposed rule, we 
inadvertently omitted 42 CFR part 460.
    On page 56488, in our discussion of reducing the burden of the 
medical loss ratio (MLR) reporting requirements, we made errors in our 
description of the tasks performed by our contractor during the initial 
analyses or desk reviews of MLR reports and the entities for which they 
perform these tasks (that is, MA organizations and Part D sponsors, not 
just MA organizations).

B. Summary of Errors in the Regulations Text

    On pages 56498 and 56516, in the proposed regulations text for the 
calculation of the Part D improvement scores (Sec. Sec.  
422.164(f)(4)(vi) and 423.184(f)(4)(vi), respectively), we made errors 
in referencing the proposed provision for the clustering algorithm.
    On page 56509, in the regulations text changes for Sec.  
423.120(b)(5)(i)(A) and (B), we made technical errors in the timeframes 
regarding notice of formulary changes and supply of the Part D drug.
    On page 56510, we inadvertently omitted regulations text changes 
for Sec.  423.128(a)(3) that we discussed in section II.B.4. of the 
proposed rule (see 82 FR 56432). These proposed changes would require 
MA plans and Part D Sponsors to provide the information in Sec.  
423.128(b) by the first day of the annual enrollment period.

III. Correction of Errors

    In FR Doc. 2017-25068 of November 28, 2017 (82 FR 56336), we are 
making the following corrections:

A. Corrections of Errors in the Preamble

    1. On page 56366, first column, line 6 (part heading), the phrase 
``423, and'' is corrected to read ``423, 460, and''.
    2. On page 56488, first column, third full paragraph, the paragraph 
that begins with the phrase ``Our proposal to

[[Page 61520]]

significantly reduce the amount'' and ends with the phrase ``in order 
to resolve potential compliance issues.'' is corrected to read as 
follows:
    ``Our proposal to significantly reduce the amount of MLR data 
submitted to CMS would eliminate the need for CMS to continue to pay a 
contractor approximately $390,000 a year to perform initial analyses or 
desk reviews of the detailed MLR reports submitted by MA organizations 
and Part D sponsors. These initial analyses or desk reviews are done by 
our contractors in order to identify omissions and suspected 
inaccuracies and to communicate their findings to MA organizations and 
Part D sponsors in order to resolve potential compliance issues.''

B. Correction of Errors in the Regulations Text


Sec.  422.164   [Corrected]

0
1. On page 56498, third column, in Sec.  422.164(f)(4)(vi), lines 4 
through 6, the reference ``Sec. Sec.  422.166(a)(2)(ii) through (iv) 
and 423.186(a)(2)(ii) through (iv)'' is corrected to read, ``Sec. Sec.  
422.166(a)(2)(iii) and 423.186(a)(2)(iii)''.


Sec.  423.120   [Corrected]

0
2. On page 56509, first column--
0
a. Sixth paragraph, amendatory instruction 62e is corrected to read 
``e. In paragraph (b)(5)(i)(A), by removing the phrase ``60 days'' and 
adding in its place the phrase ``30 days'';''.
0
b. Eighth paragraph, amendatory instruction 62f is corrected to read 
``f. In paragraph (b)(5)(i)(B), by removing the phrase ``60 day 
supply'' and adding in its place the phrase ``month's supply'';''.


Sec.  423.128  [Corrected]

0
3. On page 56510, second column--
0
a. Third full paragraph, amendatory instruction 63 is corrected to read 
``63. Section 423.128 is amended by revising paragraphs (a)(3) and 
(d)(2)(iii) to reads as follows:''.
0
b. Following the third full paragraph, Sec.  423.128, the text is 
corrected by adding the following text after the section heading and 
before line 1 (5 stars) to read as follows:
    '' (a) * * *
    (3) At the time of enrollment and at least annually thereafter, by 
the first day of the annual coordinated election period.''


Sec.  423.184  [Corrected]

0
4. On page 56516, third column, in Sec.  423.184(f)(4)(vi), line 4, the 
reference ``Sec.  423.186(a)(2)(ii)'' is corrected to read ``Sec.  
423.186(a)(2)(iii)''.

    Dated: December 19, 2017.
Ann C. Agnew,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2017-27943 Filed 12-27-17; 8:45 am]
 BILLING CODE 4120-01-P