[Federal Register: December 23, 2005 (Volume 70, Number 246)]
[Rules and Regulations]
[Page 76198-76199]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23de05-15]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Part 423
[CMS-0011-CN]
RIN 0938-AN49
Medicare Program; E-Prescribing and the Prescription Drug
Program; Correction
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Final rule; Correction.
-----------------------------------------------------------------------
SUMMARY: This document corrects technical errors that appeared in the
final rule published in the Federal Register on November 7, 2005,
entitled ``Medicare Program; E-Prescribing and the Prescription Drug
Program.''
EFFECTIVE DATE: November 7, 2005.
FOR FURTHER INFORMATION CONTACT: Gladys Wheeler, (410) 786-0273.
SUPPLEMENTARY INFORMATION:
I. Background
FR Doc. 05-22026, entitled ``Medicare Program E-Prescribing and the
Prescription Drug Program,'' which was published November 7, 2005 (70
FR 67568), adopted several final standards for an electronic
prescription drug program under Title I of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (MMA). We have
identified several technical errors in that final rule. We are
correcting those errors in the Correction of Errors section below.
Because these technical corrections are not substantive in nature, the
effective date of the November 7, 2005, final rule is unaffected by
this notice.
II. Summary of Errors
On page 67571, in the second ``Response'' of the first column, we
are revising the reference to the http://www.cms.hhs.gov/hipaa/hipaa2
Web site because, in the near future, the Frequently Asked Questions
(FAQs) will be available through a link on the general CMS Web site.
On page 67571, in the last paragraph of the second column, the word
``direction'' should be replaced with the more appropriate word
``discretion.'' Also, in that same paragraph the word ``is'' should be
added to the phrase ``and designed'' to improve clarity.
On page 67574, in the fourth full paragraph of the second column,
the singular word ``criterion'' should have been in the plural form.
Therefore, ``criterion,'', needs to be replaced with ``criteria''.
On page 67581, in the first full paragraph of the second column,
the word ``may'' was inadvertently omitted.
On page 67592, in the first response of the second column, we
inadvertently left language related to an initial plan to include
computer-generated prescription facsimiles in the definition of
electronic media after a phase-in period. We explicitly exempted
computer-generated facsimiles from the requirements to use the NCPDP
SCRIPT standard in the final regulatory text. Therefore, the preamble
discussion of a phase-in should be deleted.
III. Correction of Errors
FR Doc. 05-22026, entitled ``Medicare Program E-Prescribing and the
Prescription Drug Program,'' which was published November 7, 2005 (70
FR 67568), is corrected as follows:
1. On page 67571,
a. In the first column, fourth full paragraph, lines 9 and 10, the
CMS Web site address ``(http://www.cms.hhs.gov/hippa/hippa2)'' is corrected to read ``(http://www.cms.hhs.gov).''
b. In the second column, last paragraph, first sentence,--
(1) Line 2, the word ``direction'' is corrected to read
``discretion'';
(2) Line 6, the phrase ``and designed'' is corrected to read ``and
is designed.''
2. On page 67574, in the second column, in the fourth full
paragraph, line 6, the word ``criterion'' is corrected to read
``criteria.''
3. On page 67581, in the second column, in the first full
paragraph, line 3, the phrase ``PDPs continue'' is corrected to read
``PDPs may continue.''
4. On page 67592, in the second column, the second full paragraph,
lines 11 through 23, the sentences beginning with the phrase ``We also
believe that our'' and ending with the phrase ``costs associated with
e-prescribing adoption'' are deleted.
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 notice take effect. We can waive this procedure,
however, if we find good cause that notice and comment procedure is
impracticable, unnecessary, or contrary to the public
[[Page 76199]]
interest and incorporate a statement of the finding and the reasons for
it into the notice issued.
We find it unnecessary to undertake notice and comment rulemaking
because this notice merely provides technical corrections to the
regulations. Therefore, we find good cause to waive notice and comment
procedures.
(Catalog of Federal Domestic Assistance Program No. 93.773,
Medicare--Hospital Insurance; and Program No. 93.774, Medicare--
Supplementary Medical Insurance Program)
Dated: December 20, 2005.
Ann C. Agnew,
Executive Secretary to the Department.
[FR Doc. 05-24445 Filed 12-22-05; 8:45 am]
BILLING CODE 4120-01-P