[Federal Register: August 26, 2005 (Volume 70, Number 165)]
[Rules and Regulations]
[Page 50214]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26au05-20]
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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.
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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 Sec. 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
0
Accordingly, 42 CFR chapter IV is corrected by making the following
correction to part 405:
PART 405--[CORRECTED]
0
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).
Sec. 405.1020 [Corrected]
0
2. Section 405.1020 is amended by revising the section title to read as
follows:
Sec. 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]
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