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Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Rules and Regulations Advantage Program, Medicare Prescription Drug Benefit Program, Medicaid Program, Medicare Cost Plan Program, and Programs of All Inclusive Care for the Elderly. The effective date of the final rule was March 22, 2021.
DATES: This document is effective June 2, 2021.
FOR FURTHER INFORMATION CONTACT: Cali Diehl, 410 7864053 or Christopher McClintick, 410 7864682General Questions.
Kimberlee Levin, 410 7862549
Part C Issues.
Lucia Patrone, 410 7868621Part D Issues.
Kristy Nishimoto, 206 6152367
Beneficiary Enrollment and Appeals Issues.
Danielle Blaser, 410 7863487
Program Integrity Issues.
Tobey Oliver, 202 2601113D
SNP Appeals and Grievances.
SUPPLEMENTARY INFORMATION:
I. Background In FR Doc. 202100538 of January 19, 2021 86 FR 5864, the final rule titled Medicare and Medicaid Programs;
Contract Year 2022 Policy and Technical Changes to the Medicare Advantage Program, Medicare Prescription Drug Benefit Program, Medicaid Program, Medicare Cost Plan Program, and Programs of All Inclusive Care for the Elderly, there were technical errors that are identified and corrected in this correcting amendment.
II. Summary of Errors
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A. Summary of Errors in the Preamble On pages 5870, 5895, 5950, 5975, 5983, 5985, 5987, 6007, 6016, and 6088, we made inadvertent grammatical and typographical errors.
On page 5938, in our discussion of tiering exceptions requests and the complaint tracking module, we inadvertently included an incorrect link.
On pages 5962 and 6058, we made typographical errors in several regulatory citations.
On pages 5977 and 5990, made typographical errors in cross-references to other sections of the final rule.
On page 6062, in our discussion of the information collection requirements ICRs regarding beneficiaries education on opioid risks and alternative treatments 423.128, we mistakenly referred to Part D sponsors rather than Part D parent organizations.
B. Summary of Errors in the Regulations Text On page 6094, in the amendatory instructions for 422.101, we
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inadvertently omitted changes that would move existing paragraph f2vi to paragraph f3i This error caused a duplication of those paragraphs.
Therefore, we are removing paragraph f2vi to correct this error.
On page 6103, we inadvertently changed the format in the regulation text for 422.760b3iiC that was inconsistent with the language in 423.760b3iiC. In addition, we made a typographical error in 422.760b3iiA.
On page 6120, in the regulation text for 423.568j2 and 3 and k, we inadvertently use language applicable to MA plans instead of Part D plan sponsors.
On page 6128, in the regulations text for 423.2267, we inadvertently misnumbered a paragraph.
III. Waiver of Proposed Rulemaking and Delay in Effective Date Under 5 U.S.C. 553b of the Administrative Procedure Act APA, the agency is required to publish a notice of the proposed rule in the Federal Register before the provisions of a rule take effect. Specifically, 5
U.S.C. 553 requires the agency to publish a notice of the proposed rule in the Federal Register that includes a reference to the legal authority under which the rule is proposed, and the terms and substance of the proposed rule or a description of the subjects and issues involved. Further, 5 U.S.C. 553
requires the agency to give interested parties the opportunity to participate in the rulemaking through public comment before the provisions of the rule take effect. Similarly, section 1871b1 of the Act requires the Secretary to provide for notice of the proposed rule in the Federal Register and provide a period of not less than 60 days for public comment for rulemaking to carry out the administration of the Medicare program under title XVIII of the Act. In addition, section 553d of the APA, and section 1871e1Bi of the Social Security Act the Act mandate a 30-day delay in effective date after issuance or publication of a rule. Sections 553bB
and 553d3 of the APA provide for exceptions from the notice and comment and delay in effective date APA requirements. In cases in which these exceptions apply, sections 1871b2C and 1871e1Bii of the Act, also provide exceptions from the notice and 60-day comment period and delay in effective date requirements of the Act. Section 553bB of the APA
and section 1871b2C of the Act authorize an agency to dispense with normal rulemaking requirements for good cause if the agency makes a
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finding that the notice and comment process are impracticable, unnecessary, or contrary to the public interest. In addition, both section 553d3 of the APA and section 1871e1Bii of the Act allow the agency to avoid the 30day delay in effective date where such delay is contrary to the public interest and an agency includes a statement of support.
We believe that this correcting document does not constitute a rule that would be subject to the notice and comment or delayed effective date requirements of the APA or section 1871
of the Act. This correcting document corrects technical errors in the preamble and regulations text of the final rule but does not make substantive changes to the policies that were adopted in the final rule. As a result, this correcting document is intended to ensure that the information in the final rule accurately reflects the policies adopted in that final rule.
In addition, even if this were a rule to which the notice and comment procedures and delayed effective date requirements applied, we find that there is good cause to waive such requirements. Undertaking further notice and comment procedures to incorporate the corrections in this document into the final rule or delaying the effective date would be contrary to the public interest because it is in the publics interest to ensure that final rule accurately reflects our policies.
Furthermore, such procedures would be unnecessary, as we are not altering payment eligibility or benefit methodologies or policies, but rather, simply implementing correctly the policies that we previously proposed, received comment on, and subsequently finalized. This correcting document is intended solely to ensure that the final rule accurately reflects these policies.
Therefore, we believe we have good cause to waive the requirements for notice and comment and delay of effective date.
IV. Correction of Errors in the Preamble In FR Doc. 202100538, published in the Federal Register of January 19, 2021, beginning on page 5864, the following corrections are made:
1. On page 5870, second column of the table, first paragraph, line 3, the phrase he RTBTI is corrected to read The RTBT.
2. On page 5895, third column, second full paragraph, line 6, the terms thatthis are corrected to read that this.
3. On page 5938, second column, second full paragraph, lines 8 through 10, the website link https

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