[Federal Register: January 26, 2001 (Volume 66, Number 18)]
[Rules and Regulations]
[Page 8073-8074]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26ja01-7]
[[Page 8073]]
-----------------------------------------------------------------------
Part VI
Department of Health and Human Services
-----------------------------------------------------------------------
Office of Child Support Enforcement
-----------------------------------------------------------------------
45 CFR Part 303
National Medical Support; Delay of Effective Date; Final Rule
[[Page 8074]]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of Child Support Enforcement
45 CFR Part 303
RIN 0970-AB97
National Medical Support Notice; Delay of Effective Date
AGENCY: Office of Child Support Enforcement, HHS.
ACTION: Final rule; Delay of effective date.
-----------------------------------------------------------------------
SUMMARY: In accordance with the memorandum of January 20, 2001, from
the Assistant to the President and Chief of Staff, entitled
``Regulatory Review Plan,'' published in the Federal Register on
January 24, 2001, this action temporarily delays for 60 days the
effective date of the rule entitled ``National Medical Support
Notice'', published in the Federal Register on December 27, 2000 (65 FR
82154). That rule concerns a statutory obligation that the secretary of
health and human services require in regulation that state child-
support enforcement agenceis use a standard form--entitled the National
Medical Support Notice--to notify employers of the terms of a non-
custodial parent's obligations regarding health insurance coverage
under a child support agreement. To the extent that 5 U.S.C. section
553 applies to this action, it is exempt from notice and comment
because it constitutes a rule of procedure under 5 U.S.C. section
553(b)(A). Alternatively, the Department's implementation of this rule
without opportunity for public comment, effective immediately upon
publication today in the Federal Register, is based on the good cause
exceptions in 5 U.S.C. section 553(b)(B) and 553(d)(3), in that seeking
public comment is impracticable, unnecessary and contrary to the public
interest. The temporary 60-day delay in effective date is necessary to
give Department officials the opportunity for further review and
consideration of new regulations, consistent with the Assistant to the
President's memorandum of January 20, 2001. Given the imminence of the
effective date, seeking prior public comment on this temporary delay
would have been impractical, as well as contrary to the public interest
in the orderly promulgation and implementation of regulations. In
addition, allowing the rule to become effective before the temporary
suspension date could create confusion among State agencies, employees,
and Plan administrators regarding the qualified status of National
Medical Support Notices that may be issued by some states before and
during the suspension period.
DATES: The effective date of National Medical Support Notice, published
in the Federal Register on December 27 (FR 65 82154) is delayed for 60
days, from January 26, 2001 to a new effective date of March 27, 2001.
FOR FURTHER INFORMATION CONTACT: Elizabeth Matheson, Office of Child
Support Enforcement Policy, (202) 410-9386.
Dated: January 25, 2001.
David Satcher,
Acting Secretary.
[FR Doc. 01-2580 Filed 1-25-01; 1:25 pm]
BILLING CODE 4184-01-P