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Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 / Rules and Regulations Accordingly, the Department is not required either to certify that the final rule would not have a significant economic impact on a substantial number of small entities or to conduct a regulatory flexibility analysis.

36.4340

Catalog of Federal Domestic Assistance The Catalog of Federal Domestic Assistance number and title for the program affected by this document is 64.114, Veterans Housing Guaranteed and Insured Loans.

PART 42STANDARDS
IMPLEMENTING THE PROGRAM
FRAUD CIVIL REMEDIES ACT

Congressional Review Act Pursuant to the Congressional Review Act 5 U.S.C. 801 et seq., the Office of Information and Regulatory Affairs designated this rule as not a major rule, as defined by 5 U.S.C. 8042.
List of Subjects 38 CFR Part 36
Condominiums, Housing, Individuals with disabilities, Loan programs housing and community development, Loan programsveterans, Manufactured homes, Mortgage insurance, Reporting and recordkeeping requirements, Veterans.
38 CFR Part 42
Administrative practice and procedure, Claims, Fraud, Penalties.

Luvenia Potts, Regulations Development Coordinator, Office of Regulation Policy & Management, Office of the Secretary, Department of Veterans Affairs.

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Editorial note: This document was received for publication by the Office of the Federal Register on January 15, 2021.

For the reasons stated in the preamble, the Department of Veterans Affairs amends 38 CFR parts 36 and 42
as set forth below:

1. The authority citation for part 36
continues to read as follows:

Authority: 38 U.S.C. 501 and 3720.

VerDate Sep<11>2014

15:58 Feb 01, 2021

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2. In 36.4340, amend paragraphs k1i introductory text and k3 by removing $23,331 and adding in its place $23,607.

3. The authority citation for part 42
continues to read as follows:

Authority: Pub. L. 99509, secs. 6101
6104, 100 Stat. 1874, codified at 31 U.S.C.
38013812.
42.3

Amended
4. In 42.3, amend paragraphs a1iv and b1ii by removing $11,665 and adding in its place $11,803.

FR Doc. 202101335 Filed 2121; 8:45 am BILLING CODE 832001P

DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid Services 42 CFR Part 423

Signing Authority The Secretary of Veterans Affairs, or designee, approved this document and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the Department of Veterans Affairs.
Brooks D. Tucker, Assistant Secretary for Congressional and Legislative Affairs, Performing the Delegable Duties of the Chief of Staff, Department of Veterans Affairs, approved this document on January 14, 2021, for publication.

PART 36LOAN GUARANTY

Amended
CMS4189F2
RIN 0938AT94

Medicare Program; Secure Electronic Prior Authorization for Medicare Part D
Program; Delay in Effective Date Centers for Medicare &
Medicaid Services CMS, Department of Health and Human Services HHS.
ACTION: Final rule; delay in effective date.
AGENCY:

SUMMARY: In accordance with the memorandum of January 20, 2021 from the Assistant to the President and the Chief of Staff, entitled Regulatory Review, this action temporarily delays for 60 days the effective date of the December 31, 2020 final rule entitled, Medicare Program; Secure Electronic Prior Authorization For Medicare Part D, which published on December 31, 2020.

The effective date of the final rule amending 42 CFR part 423
published at 85 FR 86824 on December 31, 2020, is delayed from February 1, 2021, to March 30, 2021.
FOR FURTHER INFORMATION CONTACT:
Joella Roland, 410 7867638.
SUPPLEMENTARY INFORMATION:
DATES:

PO 00000

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Background and Provisions of the Final Rule The January 20, 2021 memorandum from the Assistant to the President and Chief of Staff, entitled Regulatory Freeze Pending Review, instructed Federal agencies to delay the effective date of rules published in the Federal Register, but which have not yet taken effect, for a period of 60 days from the date of the memorandum.
The purpose of the final rule is to adopt a new standard for certain transactions concerning Part D-covered drugs prescribed to Part D-eligible individuals under the Part D eprescribing program. Under this final rule, Part D plan sponsors will be required to support version 2017071 of the National Council for Prescription Drug Programs NCPDP SCRIPT
standard for four electronic Prior Authorization ePA transactions, and prescribers will be required to use that standard when performing ePA
transactions for Part D-covered drugs they wish to prescribe to Part D-eligible individuals. Part D plans, as defined in 42 CFR 423.4, include Prescription Drug Plans PDPs and Medicare Advantage Prescription Drug Plans MAPDs; Part D sponsor, as defined in 42 CFR 423.4, means the entity sponsoring a Part D
plan, MA organization offering a MA
PD plan, a Programs of All-Inclusive Care for the Elderly PACE organization sponsoring a PACE plan offering qualified prescription drug coverage, and a cost plan offering qualified prescription drug coverage. The ePA
transaction standard will provide for the electronic transmission of information between the prescribing health care professional and Part D plan sponsor to inform the sponsors determination as to whether or not a prior authorization PA should be granted. The NCPDP
SCRIPT standard version 2017071 was adopted as a Part D e-prescribing program standard for certain defined transactions in the April 16, 2018 final rule 83 FR 16440 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 that became effective June 15, 2018.
The effective date of that rule, which would have been February 1, 2021, is now effective on March 30, 2021.
The temporary delay in the effective date of this final rule is necessary to give Department officials the opportunity for further review and consideration of new regulations, consistent with the memorandum of
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