[Federal Register Volume 74, Number 15 (Monday, January 26, 2009)]
[Notices]
[Pages 4439-4441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1535]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[CMS-2274-CN]
RIN 0938-AP09


Medicaid Program; Fiscal Year Disproportionate Share Hospital 
Allotments and Disproportionate Share Hospital Institutions for Mental 
Disease Limits

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

ACTION: Correction of notice.

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SUMMARY: This document corrects a technical error that appeared in the 
notice published in the Federal Register on December 19, 2008 entitled, 
``Medicaid Program; Fiscal Year Disproportionate Share Hospital 
Allotments and Disproportionate Share Hospital Institutions for Mental 
Disease Limits.''

DATES: Effective Date: This notice is effective on February 20, 2009.

FOR FURTHER INFORMATION CONTACT: Richard Strauss, (410) 786-2019.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. E8-30267 of December 19, 2008 (73 FR 77704), a technical 
error was identified and corrected in the Correction of Errors section 
below. The correction in this notice is effective as if it had been 
included in the document published December 19, 2008. Accordingly, the 
correction is effective on February 20, 2009.

II. Summary of Errors

    As published on page 77712 of the December 19, 2008 Federal 
Register, Chart 2 Preliminary DSH Allotment For Fiscal Year 2009, we 
erroneously omitted Column J and Column K. This correction notice 
republishes that chart with all of the Columns A through K included.

III. Correction of Errors

    In FR Doc. E8-30267 of December 19, 2008 (73 FR 77704), on page 
77712, Chart 2--Preliminary DSH Allotment For Fiscal Year 2009, is 
being republished in its entirety. The revised chart reads as follows:
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[[Page 4440]]

[GRAPHIC] [TIFF OMITTED] TN26JA09.001

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IV. 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 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. This notice merely corrects a typographical error. 
Therefore, we find good cause to waive the delay in the effective date.
    This correction notice is being republished with the same effective 
date as if the correction contained herein was published in the Federal 
Register on December 19, 2008, the publication date of the previous 
notice which this notice corrects.

(Catalog of Federal Domestic Assistance Program No. 93.778, Medical 
Assistance Program)


[[Page 4441]]


    Dated: January 16, 2009.
Ann C. Agnew,
Executive Secretary to the Department.
[FR Doc. E9-1535 Filed 1-23-09; 8:45 am]
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