98-26242. Medicare Program; Establishment of the Medicare+Choice Program  

  • [Federal Register Volume 63, Number 190 (Thursday, October 1, 1998)]
    [Rules and Regulations]
    [Pages 52610-52614]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-26242]
    
    
    =======================================================================
    -----------------------------------------------------------------------
    
    DEPARTMENT OF HEALTH AND HUMAN SERVICE
    
    Health Care Financing Administration
    
    42 CFR Parts 400, 403, 410, 411, 417, and 422
    
    [HCFA-1030-CN]
    RIN 0938-A129
    
    
    Medicare Program; Establishment of the Medicare+Choice Program
    
    AGENCY: Health Care Financing Administration (HCFA), HHS.
    
    ACTION: Correction of interim final rule with comment period.
    
    -----------------------------------------------------------------------
    
    SUMMARY: On June 26, 1998, we published in the Federal Register, at 63 
    FR 34968. an interim final rule with comment period that explains and 
    implements those provisions of the Balanced Budget Act of 1997 that 
    established the Medicare+Choice program. This notice corrects errors 
    made in the June 26 document.
    
    EFFECTIVE DATE: July 27, 1998.
    
    FOR FURTHER INFORMATION CONTACT:
    Anthony Culotta (410) 786-4661.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        In drafting Federal Register Document 98-16731, we attempted to 
    avoid setting forth identical provisions in two CFR parts. Our plan was 
    to replace certain existing provisions in part 417 with a cross-
    reference to identical (in effect, if not wording) provisions being 
    established in part 422. In doing this, however, we inadvertently and 
    incorrectly applied the marketing activity provisions of Sec. 422.80 
    and the beneficiary appeals and grievance procedures of subpart M of 
    part 422 to health maintenance organizations and competitive medical 
    plans with contracts under section 1876 of the Social Security Act (the 
    Act). This notice corrects this error by removing amendatory items 5, 
    10, and 11. Thus organizations with contracts under section 1876 of the 
    Act remain subject to subpart K, which includes marketing, and subpart 
    Q, which includes beneficiary appeals, of part 417.
        In some cases, an M+C organization that has both a Medicare 
    contract and a contract with an employer group health plan arranges for 
    the employer to process election forms for Medicare-entitled group 
    members who wish to enroll under the Medicare contract. However, there 
    can be a delay between the time the beneficiary enrolls through the 
    employer and he or she becomes entitled to receive services from the 
    M+C organization, and when the election form is actually received by 
    the M+C organization. The statute at section 1853(a)(2)(B) of the Act 
    allows for adjustments in payment to account for these situations. We 
    inadvertently failed to address this situation in the June 26, 1998, 
    interim final rule. This notice corrects that by adding Secs. 422.60(f) 
    and 422.66(f), and revising Sec. 422.250(b) to allow for adjustments in 
    effective dates to conform with the payment adjustments.
        We inadvertently omitted the statutory limitation at section 
    1854(a)(5)(A) of the Act on cost sharing for supplemental benefits 
    offered by M+C private fee-for-service plans. Therefore, we are 
    correcting Sec. 422.308(b) by adding that, for supplemental benefits, 
    the actuarial value of its cost-sharing may not exceed the amounts 
    approved in the ACR for those benefits, as determined under 
    Sec. 422.310 on an annual basis. Also, to clarify that additional 
    adjustments are not limited to a reduction in the adjusted community 
    rate ``in addition'' was added to the beginning of the second sentence 
    of Sec. 422.310(c)(4).
        In addition, we are also making a number of clarifying changes and 
    technical corrections to paragraph designations and cross-references.
    
    Correction of Errors
    
    Preamble
    
        1. On page 34984, in column 3, in the first full paragraph, in the 
    ninth line, ``1854(h)(4)'' is corrected to read ``1851(h)(4)''.
        2. On page 35011, in column 2, in the heading of section I.1, 
    ``Sec. 422.500'' is corrected to read ``Sec. 422.400''.
        3. On page 35012, in column 1, in the heading of section I.2, 
    ``Sec. 422.502'' is corrected to read ``Sec. 422.402''.
        4. On page 35034, in column 2, in the third full paragraph, in the 
    14th line, ``Sec. 422.58(d)(2)'' is corrected to read 
    ``Sec. 422.62(b)''.
        5. On page 35034, in column 3, 22 lines from the top of the column, 
    ``Sec. 422.110(b)(2)(ii)'' is corrected to read 
    ``Sec. 422.111(b)(2)(ii)''.
        6. On page 35034, in column 3, in the heading of section D.1, 
    ``Sec. 422.102'' is corrected to read ``Sec. 422.103''.
        7. On page 35034, in column 3, in the first full paragraph, in the 
    first line, ``Sec. 422.102'' is corrected to read ``Sec. 422.103''.
        8. On page 35034, in column 3, in the first full paragraph, in the 
    fifth line, ``Sec. 422.102(a)'' is corrected to read 
    ``Sec. 422.103(a)''.
        9. On page 35034, in column 3, in the second full paragraph, in the 
    first line,
    
    [[Page 52611]]
    
    ``Sec. 422.102(b)'' is corrected to read ``Sec. 422.103(b)''.
        10. On page 35035, in column 1, in the first full paragraph, 
    ``Sec. 422.102(c)'' is corrected to read ``Sec. 422.103(c)'' each time 
    it appears (twice).
        11. On page 35035, in column 3, in the heading of section D.2., 
    ``422.103'' is corrected to read ``422.104''.
        12. On page 35035, in column 3, in the first full paragraph, in the 
    ninth line, ``Sec. 422.103(a)'' is corrected to read 
    ``Sec. 422.104(a)''.
        13. On page 35035, in column 3, in the first full paragraph, the 
    reference to ``Sec. 422.103(a)(2)'' is corrected to read 
    ``Sec. 422.104(b)'' each time it appears (twice).
        14. On page 35036, in column 2, in the first full paragraph 
    ``Sec. 422.154(b)(1)'' is corrected to read ``Sec. 422.154(c)''.
        15. On page 35038, in column 2, in the first full paragraph, in the 
    first line, ``Sec. 422.500(b)(2)'' is corrected to read 
    ``Sec. 422.502(b)''.
        16. On page 35062, in column 1, in the fourth full paragraph, ``but 
    no later than 30 calendar days'' is corrected to read ``but no later 
    than 14 calendar days''.
        17. On page 35062, in column 1, the fourth full paragraph is 
    corrected by adding the following sentence at the end: ``The M+C 
    organization may extend the 14-day deadline by up to 14 calendar days 
    if the enrollee requests the extension or if the organization justifies 
    a need for additional information and how the delay is in the interest 
    of the enrollee (for example, the receipt of additional medical 
    evidence may change an M+C organization's decision to deny).''
        18. On page 35062, in column 2, in the first full paragraph, 
    ``using the 30-calendar-day timeframe'' is corrected to read ``using 
    the 14 calendar-day timeframe''.
        19. On page 35062, in column 2, in the fifth full paragraph, 
    beginning in the fourth line, ``if the organization finds that it needs 
    additional information and the delay'' is corrected to read ``if the 
    organization justifies a need for additional information and how the 
    delay''.
        20. On page 35063, in column 1, in the third full paragraph, 
    beginning in the second line, ``or a health care professional'' is 
    corrected to read ``or a physician''.
        21. On page 35063, in column 1, in the fourth full paragraph, the 
    phrase ``the 45-day timeframe'' is corrected to read ``the 30-day 
    timeframe'' each time it appears (twice).
        22. On page 35063, in column 1, in the seventh full paragraph, ``If 
    the M+C organization makes'' is corrected to read ``For service 
    requests, if the M+C organization makes''.
        23. On page 35063, in column 1, in the seventh full paragraph, 
    ``but no later than 45 calendar days'' is corrected to read ``but no 
    later than 30 calendar days''.
        24. On page 35063, in column 1, the seventh full paragraph is 
    corrected by adding a sentence after the end of the first sentence to 
    read: ``The M+C organization may extend the 30-day deadline by up to 14 
    calendar days if the enrollee requests the extension or if the 
    organization justifies a need for additional information and how the 
    delay is in the interest of the enrollee.''
        25. On page 35063, in column 1 and continuing into column 2, the 
    eighth full paragraph that begins with ``If the M+C organization 
    affirms, * * *'' and ends with ``to the independent entity'' is 
    corrected to read: ``If the M+C organization affirms, in whole or in 
    part, its adverse organization determination, it must prepare a written 
    explanation and send the case file to the independent entity contracted 
    by us no later than 30 calendar days from the date it receives the 
    request for a standard reconsideration (or no later than the expiration 
    of an extension described in Sec. 422.590(a)(1)). The organization must 
    make reasonable and diligent efforts to assist in gathering and 
    forwarding information to the independent entity.''
        26. On page 35063, in column 2, in the first full paragraph, 
    beginning in the fifth line, ``or to obtain a good cause extension 
    described in paragraph (e) of this section,'' is removed.
        27. On page 35063, in column 2, in the second full paragraph, 
    beginning in the fourth line, ``if the organization finds that it needs 
    additional information and the delay'' is corrected to read ``if the 
    organization justifies a need for additional information and how the 
    delay''.
    
    Regulations Text
    
        1. On page 35065, in the third column, amendatory instruction 
    ``2.'' is corrected to read as follows: ``In Sec. 400.200, the 
    definition for ``PRO'' is revised, the definition for ``Utilization and 
    Quality Control Peer Review Organization'' is removed, and the 
    following definitions are added in alphabetical order.''
        2. On page 35066, in column 3 and continuing on page 35067, column 
    1, amendatory instruction 5 is removed.
        3. On page 35067, in column 1, amendatory instructions 6, 7, 8, and 
    9 are renumbered as amendatory instructions 5, 6, 7, and 8, 
    respectively.
        4. On page 35067, renumbered amendatory instruction 6 is corrected 
    to read as follows:
        ``Sections 417.520, 417.522, and 417.523 of subpart M are 
    redesignated as Secs. 422.550, 422.522, and 422.553, respectively, in a 
    new subpart L in part 422, and the heading for the new subpart L to 
    part 422 is added to read `Effect of Change of Ownership or Leasing of 
    Facilities During Term of Contract'.''
        5. On page 35067, in column 1, amendatory instruction 10 is 
    removed.
        6. On page 35067, in column 2, amendatory instruction 11 is 
    removed, and amendatory instruction 12 is renumbered as amendatory 
    instruction 9.
    
    
    Sec. 417.800  [Corrected]
    
        7. On page 35067, in column 2, the definition of ``Health care 
    prepayment plan'' is corrected to read as follows:
    
    
    Sec. 417.800  Payment to HCPPS: Definitions and basic rules.
    
    * * * * *
        Health care prepayment plan (HCPP) means an organization that meets 
    the following conditions:
        (1) Effective January 1, 1999, (or on the effective date of the 
    HCPP agreement in the case of a 1998 applicant) either--
        (A) Is union or employer sponsored; or
        (B) Does not provide, or arrange for the provision of, any 
    inpatient hospital services.
        (2) Is responsible for the organization, financing, and delivery of 
    covered Part B services to a defined population on a prepayment basis.
        (3) Meets the conditions specified in paragraph (b) of this 
    section.
        (4) Elects to be reimbursed on a reasonable cost basis.
    * * * * *
        8. On page 35071, in column 1, in the subpart heading, ``Subpart 
    B'' is corrected to read ``Subpart B''.
    
    
    Sec. 422.50  [Corrected]
    
        9. In Sec. 422.50 the following changes are made:
        a. On page 35071, in the first column, in paragraph (a) 
    introductory text, the first ``an'' is corrected to read ``An''.
        b. On page 35071, in the first column, in paragraph (a)(1), the 
    second appearance of ``may continue to be enrolled in the M+C 
    organization'' is removed.
    
    
    Sec. 422.54  [Corrected]
    
        10. On page 35071, in the second column, in Sec. 422.54, in 
    paragraph (d)(2)(i), ``meet requirements'' is corrected to read ``meet 
    the requirement''.
    
    [[Page 52612]]
    
    Sec. 422.56  [Corrected]
    
        11. On page 35071, in the third column, in Sec. 422.56, in 
    paragraph (d), ``Sec. 422.103'' is corrected to read ``Sec. 422.104''.
    
    
    Sec. 422.60  [Corrected]
    
        12. In Sec. 422.60, the following changes are made:
        a. On page 35072, in the first column, in paragraph (a)(1), ``plan 
    that M+C organization'' is corrected to read ``plan that the M+C 
    organizaton''.
        b. On the same page, in the same column, in paragraph (b)(1), 
    ``Sec. 422.306(a)(2)'' is corrected to read ``Sec. 422.306(a)(1)''.
        c. On the same page, in the same column, in paragraph (c)(1), in 
    the second sentence, the word ``beneficiary'' is removed.
        d. On the same page, in the second column, in paragraph (3)(4)(i), 
    ``Promptly informs'' is corrected to read ``Informs''.
        e. On the same page, in the second column, Sec. 422.60 is further 
    corrected by adding a new paragraph (f) to read as follows:
    
    
    Sec. 422.60  Election process.
    
    * * * * *
        (f) Exception for employer group health plans. (1) In cases in 
    which an M+C organization has both a Medicare contract and a contract 
    with an employer group health plan, and in which the M+C organization 
    arranges for the employer to process election forms for Medicare-
    entitled group members who wish to enroll under the Medicare contract, 
    the effective date of the election may be up to, but may not exceed, 90 
    days before the date the M+C organization received the election from 
    the employer. Any adjustment in effective date must conform with 
    adjustments in payment, as described under Sec. 422.250(b).
        (2) In order to obtain the effective date described in paragraph 
    (f)(1) of this section, the beneficiary must certify that, at the time 
    of enrollment in the M+C organization, he or she received the 
    disclosure statement specified in Sec. 422.111.
        (3) The M+C organization must submit the enrollment within 30 days 
    from receipt of the election form from the employer.
    
    
    Sec. 422.62  [Corrected]
    
        13. In Sec. 422.62, the following changes are made:
        a. On page 35073, in the first column, in paragraph (b), 
    introductory text, beginning in the second line, ``for M+C plans, and 
    as of January 1, 2002, for all MSA other types of M+C MSA plans,'' is 
    corrected to read ``for M+C MSA plans, and as of January 1, 2002, for 
    all other types of M+C plans,''.
        b. On the same page, in the same column, in paragraph (c), in the 
    fifth line, ``coverage election'' is corrected to read ``enrollment''.
        c. On the same page, in the second column, in paragraph (d), in the 
    heading, ``M+C plans'' is corrected to read ``M+C MSA plans''.
        d. On the same page, in the same column, in paragraph (d)(1), ``M+C 
    plan'' is corrected to read ``M+C MSA plan''.
        e. On the same page, in the same column, in paragraph (d)(2) 
    introductory text, ``M+C plan'' is corrected to read ``M+C MSA plan''.
    
    
    Sec. 422.66  [Corrected]
    
        14. On page 35074, in the third column, Sec. 422.66 is corrected by 
    adding a new paragraph (f) to read as follows:
    
    
    Sec. 422.66  Coordination of enrollment and disenrollment through M+C 
    organizations.
    
        (f) Exception for employer group health plans. (1) In cases when an 
    M+C organization has both a Medicare contract and a contract with an 
    employer group health plan, and when the M+C organization arranges for 
    the employer to process election forms for Medicare-entitled group 
    members who wish to disenroll from the Medicare contract, the effective 
    date of the election may be up to, but may not exceed, 90 days before 
    the date the M+C organization received the election from the employer. 
    Any adjustment in effective date must conform with adjustments in 
    payment, as described under Sec. 422.250(b).
        (2) The M+C organization must submit a disenrollment notice to NCFA 
    within 15 days of receipt of the notice from the employer.
    
    
    Sec. 422.74  [Corrected]
    
        15. On page 35075, in the first column, in Sec. 422.74, in 
    paragraph (b)(3), ``reduces service'' is corrected to read ``reduces 
    the service''.
    
    
    Sec. 422.80  [Corrected]
    
        16. In Sec. 422.80, the following changes are made:
        a. On page 35076, in the third column, in paragraph (c)(3) ``the 
    organization'' is corrected to read ``the M+C organization''.
        b. On the same page, in the same column, in paragraph (d) the word 
    ``material'' is corrected to read ``materials''.
        c. On the same page, in the same column, in paragraph (e)(1)(iv), 
    in teh fourth line, ``organization, the'' is corrected to read 
    ``organization. The''.
        d. On page 35077, in the first column, in paragraph (e)(3)(i), 
    ``Demonstrate the HCFA's'' is corrected to read ``Demonstrate to 
    HCFA's''.
        e. On the same page, in the same column, in paragraph (f), 
    ``potions'' is corrected to read ``portions''.
    
    
    Sec. 422.110  [Corrected]
    
        17. On page 35079, in the third column, in Sec. 422.110, in 
    paragraph (c), ``(see Sec. 422.501(h))'' is corrected to read ``(see 
    Sec. 422.502(h))''.
    
    
    Sec. 422.112  [Corrected]
    
        18. Beginning on page 35080, in the second column, in order to make 
    numerous paragraph redesignations and other corrections, Sec. 422.112 
    is corrected to read as follows:
    
    
    Sec. 422.112  Access to services.
    
        (a) Rules for coordinated care plans and network M+C MSA plans. An 
    M+C organization that offers an M+C coordinated care plan or network 
    M+C MSA plan may specify the networks of providers from whom enrollees 
    may obtain services if the M+C organization ensures that all covered 
    services, including additional or supplemental services contracted for 
    by (or on behalf of) the Medicare enrollee, are available and 
    accessible under the plan. To accomplish this, the M+C organization 
    must meet the following requirements:
        (1) Provider network. Maintain and monitor a network of appropriate 
    providers that is supported by written agreements and is sufficient to 
    provide adequate access to covered services to meet the needs of the 
    population served. These providers are typically utilized in the 
    network as primary care providers (PCPs), specialists, hospitals, 
    skilled nursing facilities, home health agencies, ambulatory clinics, 
    and other providers.
        (2) PCP panel. Establish the panel of PCPs from which the enrollee 
    selects a PCP.
        (3) Specialty care. Provide or arrange for necessary specialty 
    care, and in particular give women enrollees the option of direct 
    access to a women's health specialist within the network for women's 
    routine and preventive health care services provided as basic benefits 
    (as defined in Sec. 422.2) notwithstanding that the plan maintains a 
    PCP or some other means for continuity of care.
        (4) Serious medical conditions. Ensure that each plan has in effect 
    HCFA-approved procedures that enable the plan to--
        (i) Identify individuals with complex or serious medical 
    conditions;
        (ii) Assess those conditions, and use medical procedures to 
    diagnose and monitor them on an ongoing basis; and
    
    [[Page 52613]]
    
        (iii) Establish and implement a treatment plan that--
        (A) Is appropriate to those conditions;
        (B) Includes an adequate number of direct access visits to 
    specialists consistent with the treatment plan; and
        (C) Is time-specific and updated periodically by the PCP.
        (5) Involuntary termination. If the M+C organization terminates an 
    M+C plan or any specialists for a reason other than for cause, the M+C 
    organization must do the following:
        (i) Inform beneficiaries, at the time of termination, of their 
    right to maintain access to specialists.
        (ii) Provide the names of other M+C plans in the area that contract 
    with specialists of the beneficiary's choice.
        (iii) Explain the process the beneficiary would need to follow 
    should he or she decide to return to original Medicare.
        (6) Service area expansion. If seeking a service area expansion for 
    an M+C plan, demonstrate that the number and type of providers 
    available to plan enrollees are sufficient to meet projected needs of 
    the population to be served.
        (7) Credentialed providers. Demonstrate to HCFA that its providers 
    in an M+C plan are credentialed through the process set forth at 
    Sec. 422.204(a).
        (8) Written standards. Establish written standards for the 
    following:
        (i) Timeliness of access to care and member services that meet or 
    exceed standards established by HCFA. Timely access to care and member 
    services within a plan's provider network must be continuously 
    monitored to ensure compliance with these standards, and the M+C 
    organization must take corrective action as necessary.
        (ii) Policies and procedures (coverage rules, practice guidelines, 
    payment policies, and utilization management) that allow for individual 
    medical necessity determinations.
        (iii) Provider consideration of beneficiary input into the 
    provider's proposed treatment plan.
        (9) Hours of operation. Ensure, for each M+C plan, that--
        (i) The hours of operation of its M+C plan providers are convenient 
    to the population served by the plan and do not discriminate against 
    Medicare enrollees; and
        (ii) The plan makes plan services available 24 hours a day, 7 days 
    a week, when medically necessary.
        (10) Cultural considerations. (i) Ensure that services are provided 
    in a culturally competent manner to all enrollees, including those with 
    limited English proficiency or reading skills, diverse cultural and 
    ethnic backgrounds, and physical or mental disabilities.
        (ii) Provide coverage for emergency and urgent care services in 
    accordance with paragraph (c) of this section.
        (b) Rules for all M+C organizations to ensure continuity of care. 
    The M+C organization must ensure continuity of care and integration of 
    services through arrangements that include, but are not limited to the 
    following--
        (1) Use of a practitioner who is specifically designated as having 
    primary responsibility for coordinating the enrollee's overall health 
    care.
        (2) Policies that specify whether services are coordinated by the 
    enrollee's primary care practitioner or through some other means.
        (3) An ongoing source of primary care, regardless of the mechanism 
    adopted for coordination of services.
        (4) Programs for coordination of plan services with community and 
    social services generally available through contracting or 
    noncontracting providers in the area served by the M+C plan, including 
    nursing home and community-based services.
        (5) Procedures to ensure that the M+C organization and its provider 
    network have the information required for effective and continuous 
    patient care and quality review, including procedures to ensure that--
        (i) An initial assessment of each enrollee's health care needs is 
    completed within 90 days of the effective date of enrollment;
        (ii) Each provider, supplier, and practitioner furnishing services 
    to enrollees maintains an enrollee health record in accordance with 
    standards established by the M+C organization, taking into account 
    professional standards; and
        (iii) That there is appropriate and confidential exchange of 
    information among provider network components.
        (6) Procedures to ensure that enrollees are informed of specific 
    health care needs that require follow-up and receive, as appropriate, 
    training in self-care and other measures they may take to promote their 
    own health; and
        (7) Systems to address barriers to enrollee compliance with 
    prescribed treatments or regimens.
        (c) Special rules for all M+C organizations for emergency and 
    urgently needed services--(1) Coverage. The M+C organization covers 
    emergency and urgently needed services--
        (i) Regardless of whether the services are obtained within or 
    outside the organization; and
        (ii) Without required prior authorization.
        (2) Financial Responsibility. The M+C organization may not deny 
    payment for a condition--
        (i) That is an emergency medical condition as defined in 
    Sec. 422.2; or
        (ii) For which a plan provider or other M+C organization 
    representative instructs an enrollee to seek emergency services within 
    or outside the plan.
        (3) Stabilized condition. The physician treating the enrollee must 
    decide when the enrollee may be considered stabilized for transfer or 
    discharge, and that decision is binding on the M+C organization.
        (4) Limits on charges to enrollees. For emergency services obtained 
    outside the M+C plan's provider network, the organization may not 
    charge the enrollee more than $50 or what it would charge the enrollee 
    if he or she obtained the services through the organization, whichever 
    is less.
        19. On page 35090, in the third column, in Sec. 422.250, paragraph 
    (b) is corrected to read as follows:
    
    
    Sec. 422.250  general provisions.
    
    * * * * *
        (b) Adjustment of payments to reflect number of Medicare 
    enrollees--(1) General rule. HCFA adjusts payments retroactively to 
    take into account any difference between the actual number of Medicare 
    enrollees and the number on which it based an advance monthly payment.
        (2) Special rules for certain enrollees. (i) Subject to paragraph 
    (b)(2)(ii) of this section, HCFA may make adjustments, for a period 
    (not to exceed 90 days) that begins when a beneficiary elects a group 
    health plan (as defined in Sec. 411.101 of this chapter) offered by an 
    M+C organization, and ends when the beneficiary is enrolled in an M+C 
    plan offered by the M+C organization.
        (ii) HCFA does not make an adjustment unless the beneficiary 
    certifies that, at the time of enrollment under the M+C plan, he or she 
    received from the organization the disclosure statement specified in 
    Sec. 422.111.
    * * * * *
    
    
    Sec. 422.268   [Corrected]
    
        20. On page 35093, in the third column, in Sec. 422.268, in 
    paragraph (b), in the third line, ``Secs. 422.105'' is corrected to 
    read ``Secs. 422.109''.
    
    
    Sec. 422.308   [Corrected]
    
        21. In Sec. 422.308 the following corrections are made:
        a. On the same page, in the same column, the text of paragraph (b) 
    is redesignated as paragraph (b)(1) and a new paragraph (b)(2) is added 
    to read as follows:
    
    [[Page 52614]]
    
    Sec. 422.308   Limits on premiums and cost sharing amounts.
    
    * * * * *
        (b) * * *
        (2) For supplemental benefits, the actuarial value of its cost-
    sharing may not exceed the amounts approved in the ACR for those 
    benefits, as determined under Sec. 422.310 on an annual basis.
    * * * * *
    
    
    Sec. 422.310   [Corrected]
    
        22. On page 35096, in the second column, in Sec. 422.310 (that 
    section begins on page 35095), in paragraph (c)(4), ``component. 
    Adjustments will be'' is corrected to read ``component. In addition, 
    adjustments will be''.
    
    
    Sec. 422.502   [Corrected]
    
        23. In Sec. 422.502, the following corrections are made:
        a. On page 35100, in the third column, in paragraph (a)(2), 
    ``Sec. 422.108'' is corrected to read ``Sec. 422.110''.
        b. On the same page, in the same column, in paragraph (a)(3)(i), 
    ``Sec. 422.100'' is corrected to read ``Sec. 422.101'', and 
    ``Sec. 422.101'' is corrected to read ``Sec. 422.102''.
        c. On page 35101, in the first column, in paragraph (a)(4), 
    ``Sec. 422.110'' is corrected to read ``Sec. 422.111''.
        d. On page 35103, in the second column, paragraph (m) is 
    redesignated as paragraph (1)(4) and is corrected to read as follows:
    
    
    Sec. 422.502   Contract provisions.
    
    * * * * *
        (l) * * *
        (4) The CEO or CFO must certify that the information in its ACR 
    submission is accurate and fully conforms to the requirements in 
    Sec. 422.310.
    
    
    Sec. 422.550   [Corrected]
    
        24. On page 35106, in the second column, amendatory instruction 
    ``19. a.'' is corrected to read as follows:
        a. In paragraph (b)(1), the following sentence is added at the end: 
    ``The M+C organization must also provide updated financial information 
    and a discussion of the financial and solvency impact of the change of 
    ownership on the surviving organization.''
    
    
    Sec. 422.608  [Corrected]
    
        25. On page 35111, in the third column, in Sec. 422.608, in the 
    heading, the acronym ``(DAB)'' is corrected to read ``(the Board)'' and 
    in the text ``DAB'' is corrected to read ``Board'' each time it appears 
    (twice).
    
    
    Sec. 422.612  [Corrected]
    
        26. In Sec. 422.612, the following corrections are made:
        a. On page 35111, in the third column, in paragraph (a)(1) ``DAB'' 
    is corrected to read ``Board''.
        b. On the same page, in the same column, in the heading of 
    paragraph (b), ``DAB'' is corrected to read ``Board''.
        c. On the same page, in the same column, in the text of paragraph 
    (b) introductory text, ``DAB'' is corrected to read ``Board''.
    
    
    Sec. 422.616  [Corrected]
    
        27. On page 35111, in the third column that continues on page 
    35112, in Sec. 422.616(a), ``DAB'' is corrected to read ``Board''.
    
    
    Sec. 422.620  [Corrected]
    
        28. On page 35112, in the second column, in Sec. 422.620, in 
    paragraph (a), ``Sec. 422.112(b)'' is corrected to read 
    ``Sec. 422.112(c)''.
    
    
    Sec. 422.622  [Corrected]
    
        29. On page 35112, in the third column, in Sec. 422.622, in 
    paragraph (c)(1)(i) ``Sec. 422.112(b)'' is corrected to read 
    ``Sec. 422.112(c)'' each time it appears (twice).
    
    
    Sec. 422.752  [Corrected]
    
        30. On page 35115, in the second column, in Sec. 422.752, in 
    paragraph (a)(6), ``Sec. 422.204'' is corrected to read 
    ``Sec. 422.206''.
    
    (Catalog of Federal Domestic Assistance Program No. 93,773, 
    Medicare--Hospital Insurance; and Program No. 93.766, Medicare--
    Supplementary Medical Insurance Program)
    
        Dated: September 25, 1998.
    Neil J. Stillman,
    Deputy Assistant Secretary for Information Resources Management.
    [FR Doc. 98-26242 Filed 9-30-98; 8:45 am]
    BILLING CODE 4120-01-M
    
    
    

Document Information

Effective Date:
7/27/1998
Published:
10/01/1998
Department:
Health Care Finance Administration
Entry Type:
Rule
Action:
Correction of interim final rule with comment period.
Document Number:
98-26242
Dates:
July 27, 1998.
Pages:
52610-52614 (5 pages)
Docket Numbers:
HCFA-1030-CN
RINs:
0938-A129
PDF File:
98-26242.pdf
CFR: (27)
42 CFR 422.204(a)
42 CFR 422.502(h))''
42 CFR 417.800
42 CFR 422.2
42 CFR 422.50
More ...