50214 Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Rules and Regulations 

* * * * * 

[FR Doc. 05–16929 Filed 8–25–05; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 405 

[CMS–4064–IFC3] 

RIN–0938–AM73 

Medicare Program; Changes to the 

Medicare Claims Appeal Procedures: 

Correcting Amendment to a Correcting 

Amendment 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Correcting amendment. 

SUMMARY: This correcting amendment 

corrects a technical error in the 

correcting amendment that appeared in 

the Federal Register, entitled ‘‘Medicare 

Program; Changes to the Medicare 

Claims Appeal Procedures: Correcting 

Amendment to an Interim Final Rule.’’ 

DATES: Effective Date: This correcting 

amendment is effective September 26, 

2005. 

FOR FURTHER INFORMATION CONTACT: 

Arrah Tabe-Bedward, (410) 786–7129. 

SUPPLEMENTARY INFORMATION: 

I. Background 

We have identified a technical error 

that appeared in a correcting 

amendment entitled ‘‘Medicare 

Program; Changes to the Medicare 

Claims Appeal Procedures: Correcting 

Amendment to an Interim Final Rule.’’ 

(70 FR 37700, June 30, 2005) In this 

correcting amendment, we are 

correcting that technical error. 

II. Correction of Error 

A. Technical Correction to the 

Regulations Text 

In § 405.1020 of the regulation text, 

we incorrectly stated the section’s title 

as ‘‘Time frames for deciding an appeal 

for a hearing before an ALJ.’’ It should 

have read, ‘‘Time and place for a 

hearing before an ALJ.’’ We correct this 

technical error in section B of this 

correcting amendment. 

III. Waiver of Proposed Rulemaking 

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. However, we can waive this 

procedure if we find good cause for 

doing so, and incorporate a statement of 

this finding and the reasons for it into 

the rule. A finding that a notice and 

comment period is impracticable, 

unnecessary, or contrary to the public 

interest constitutes good cause for 

waiving this procedure. 

We believe that it is unnecessary to 

seek public comment on the correction 

of this editorial error. Further, it is in 

the public’s interest to correct this 

editorial error because it makes the 

section more understandable to parties 

pursuing Medicare appeals under these 

procedures. Therefore, we find good 

cause to waive notice and comment 

procedures. 

(Catalog of Federal Domestic Assistance 

Program No. 93.778, Medical Assistance 

Program) 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare-Hospital 

Insurance; and Program No. 93.774, 

Medicare-Supplementary Medical Insurance 

Program) 

Correction of Regulation Text Error 

■ Accordingly, 42 CFR chapter IV is 

corrected by making the following 

correction to part 405: 

PART 405—[CORRECTED] 

■ 1. The authority citation for part 405 

continues to read as follows: 

Authority: Secs. 205(a), 1102, 1861, 

1862(a), 1869, 1871, 1874, 1881, and 1886(k) 

of the Social Security Act (42 U.S.C. 405(a), 

1302, 1395x, 1395y(a), 1395ff, 1395hh, 

1395kk, 1395rr and 1395ww(k)) and Sec. 353 

of the Public Health Service Act (42 U.S.C. 

263a). 

§ 405.1020 [Corrected] 

■ 2. Section 405.1020 is amended by 

revising the section title to read as 

follows: 

§ 405.1020 Time and place for a hearing 

before an ALJ. 

* * * * * 

Dated: August 16, 2005. 

Ann C. Agnew, 

Executive Secretary to the Department. 

[FR Doc. 05–16711 Filed 8–25–05; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 433 

[CMS–2210–IFC] 

RIN 0938–AO04 

Medicaid Program; State Allotments 

for Payment of Medicare Part B 

Premiums for Qualifying Individuals: 

Federal Fiscal Year 2005 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Interim final rule with comment 

period. 

SUMMARY: This interim final rule with 

comment period sets forth the 

methodology used to compute State 

allotments that are available to pay 

Medicare Part B premiums for 

qualifying individuals, allows changes 

to the State allotments and describes the 

methodology used to determine the 

changes to each State’s allotment. 

DATES: Effective date: These regulations 

are effective August 26, 2005 for 

allotments for payment of Medicare Part 

B premiums from the allocation for 

fiscal year 2005. 

Comment date: To be assured 

consideration, comments must be 

received at one of the addresses 

provided below, no later than 5 p.m. on 

October 25, 2005. 

ADDRESSES: In commenting, please refer 

to file code CMS–2210–IFC. Because of 

staff and resource limitations, we cannot 

accept comments by facsimile (FAX) 

transmission. 

You may submit comments in one of 

three ways (no duplicates, please): 

1. Electronically. You may submit 

electronic comments on specific issues 

in this regulation to http:// 

www.cms.hhs.gov/regulations/ 

ecomments. (Attachments should be in 

Microsoft Word, WordPerfect, or Excel; 

however, we prefer Microsoft Word.) 

2. By regular mail. You may mail 

written comments (one original and two 

copies) to the following address ONLY: 

Centers for Medicare & Medicaid 

Services, Department of Health and 

Human Services, Attention: CMS–2210– 

IFC, P.O. Box 8011, Baltimore, MD 

21244–8011. 

Please allow sufficient time for mailed 

comments to be received before the 

close of the comment period. 

3. By express or overnight mail. You 

may send written comments (one 

original and two copies) to the following 

address ONLY: Centers for Medicare &