Medicare: Civil money penalties, assessments, and exclusions and related appeals procedures Correction,

[Federal Register: August 27, 2004 (Volume 69, Number 166)]

[Proposed Rules]

[Page 52620]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr27au04-16]

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Part 402

[CMS-6146-CN]

RIN 0938-AL53

Medicare Program; Revised Civil Money Penalties, Assessments, Exclusions, and Related Appeals Procedures

AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.

ACTION: Correction of proposed rule.

SUMMARY: This document corrects a technical error that appeared in the proposed rule published in the Federal Register on July 23, 2004 entitled ``Medicare Program; Revised Civil Money Penalties, Assessments, Exclusions, and Related Appeals Procedures.''

FOR FURTHER INFORMATION CONTACT: Joel Cohen, (410) 786-3349.

SUPPLEMENTARY INFORMATION:

1. Background

   In FR Doc. 04-16791 of July 23, 2004 (69 FR 43956), there was a technical error that is identified and corrected in the Correction of Errors section below.

   We inadvertently omitted the correct ADDRESSES section, which included the e-mail address for electronic comments. We are correcting this error by republishing the ADDRESSES section of the proposed rule.

2. Correction of Errors

   In FR Doc. 04-16791 of July 23, 2004 (69 FR 43956), make the following correction:

   1. On page 43956, in the third column; in the second paragraph, replace the ADDRESSES section with the following:

      ADDRESSES: In commenting, please refer to file code CMS-6146-P. Because of staff and resource limitations, we cannot accept comments by facsimile (FAX) transmission.

      You may submit comments in one of three ways (no duplicates, please):

   1. Electronically. You may submit electronic comments on specific issues in this regulation to http://www.cms.hhs.gov/regulations/ecomments. (Attachments should be in Microsoft Word, WordPerfect, or

      Excel; however, we prefer Microsoft Word.)

   2. By mail. You may mail written comments (one original and two copies) to the following address only:

      Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS-6146-P, P.O. Box 8013, Baltimore, MD 21244-8013.

      Please allow sufficient time for mailed comments to be received before the close of the comment period.

   3. By hand or courier. If you prefer, you may deliver (by hand or courier) your written comments (one original and two copies) before the close of the comment period to one of the following addresses. If you intend to deliver your comments to the Baltimore address, please call telephone number (410) 786-7197 in advance to schedule your arrival with one of our staff members.

      Room 445-G, Hubert H. Humphrey Building, 200 Independence Avenue, SW., Washington, DC 20201; or 7500 Security Boulevard, Baltimore, MD 21244- 1850. (Because access to the interior of the HHH Building is not readily available to persons without Federal Government identification, commenters are encouraged to leave their comments in the CMS drop slots located in the main lobby of the building. A stamp-in clock is available for persons wishing to retain a proof of filing by stamping in and retaining an extra copy of the comments being filed.)

      Comments mailed to the addresses indicated as appropriate for hand or courier delivery may be delayed and received after the comment period.

3. 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 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 a technical correction to the regulation. 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: August 16, 2004. Ann C. Agnew, Executive Secretary to the Department.

   [FR Doc. 04-19257 Filed 8-26-04; 8:45 am]

   BILLING CODE 4120-01-P