Federal Register / Vol. 66, No. 38 / Monday, February 26, 2001 / Rules and Regulations 11547

(Catalog of Federal Domestic Assistance

Program No. 93.778, Medical Assistance

Program)

Dated: February 21, 2001.

Michael McMullan,

Acting Deputy Administrator, Health Care

Financing Administration.

Approved: February 22, 2001.

Tommy G. Thompson,

Secretary.

[FR Doc. 01–4738 Filed 2–22–01; 1:53 pm]

BILLING CODE 4120–01–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Care Financing Administration

42 CFR Parts 431, 433, 435, 436, and

457

[HCFA–2006–F2]

RIN 0938–AI28

State Child Health; Implementing

Regulations for the State Children’s

Health Insurance Program: Delay of

Effective Date

AGENCY: Health Care Financing

Administration (HCFA), HHS.

ACTION: Final rule; delay of effective

date.

SUMMARY: In accordance with the

memorandum of January 20, 2001, from

the Assistant to the President and Chief

of Staff, entitled ‘‘Regulatory Review

Plan,’’ published in the January 24, 2001

Federal Register, this action temporarily

delays for 60 days the effective date of

the final rule entitled ‘‘State Child

Health; Implementing Regulations for

the State Children’s Health Insurance

Program’’ published in the January 11,

2001 Federal Register (66 FR 2490).

That final rule implements provisions of

the Balanced Budget Act of 1997 (BBA)

related to the State Children’s Health

Insurance Program (SCHIP).

Specifically, the final rule includes

provisions related to State plan

requirements and plan administration,

coverage and benefits, eligibility and

enrollment, enrollee financial

responsibility, strategic planning,

substitution of coverage, program

integrity, certain allowable waivers, and

applicant and enrollee protections. This

final rule also implements the

provisions of sections 4911 and 4912 of

the BBA, which amended title XIX of

the Social Security Act to expand State

options for coverage of children under

the Medicaid program. In addition, this

final rule makes technical corrections to

subparts B and F of 42 CFR part 457.

The effective date of that rule, which

would have been April 11, 2001, is now

June 11, 2001. The temporary 60-day

delay in effective date is necessary to

give Department officials the

opportunity for further review and

consideration of new regulations,

consistent with the Assistant to the

President’s memorandum of January 20,

2001. To the extent that 5 U.S.C. section

553 applies to this action, it is exempt

from notice and comment because it

constitutes a rule of procedure under 5

U.S.C. section 553(b)(3)(a).

Alternatively, HCFA’s implementation

of this rule without opportunity for

public comment, effective immediately

upon publication today in the Federal

Register, is based on the good cause

exceptions in 5 U.S.C. sections

553(b)(3)(B) and 553(d)(3), in that

seeking public comment is

impracticable, unnecessary, and

contrary to the public interest. Given the

imminence of the effective date, seeking

prior public comment on this temporary

delay would have been impractical, as

well as contrary to the public interest,

in the orderly promulgation and

implementation of regulations.

The effective date of the rule

amending 42 CFR parts 431, 433, 435,

436, and 457 published in the January

11, 2001 Federal Register (66 FR 2490)

is delayed 60 days until June 11, 2001.

FOR FURTHER INFORMATION CONTACT:

Regina Fletcher (410) 786–3293.

(Catalog of Federal Domestic Assistance

Program No. 93.767, State Children’s

Insurance Program)

Dated: February 21, 2001.

Michael McMullan,

Acting Deputy Administrator, Health Care

Financing Administration.

Approved: February 22, 2001.

Tommy G. Thompson,

Secretary.

[FR Doc. 01–4737 Filed 2–22–01; 1:53 pm]

BILLING CODE 4120–01–M