Page:United States Statutes at Large Volume 111 Part 1.djvu/342

 Ill STAT. 318 PUBLIC LAW 105-33—AUG. 5, 1997 Federal Register, publication. from being held liable to any person or entity for the Medicare+Choice organization's debts in the event of the organization's insolvency. "(2) PUBLICATION OF NOTICE.— In carrying out the rulemaking process under this subsection, the Secretary, after consultation with the National Association of Insurance Commissioners, the American Academy of Actuaries, organizations representative of medicare beneficiaries, and other interested parties, shall publish the notice provided for under section 564(a) of title 5, United States Code, by not later than 45 days after the date of the enactment of this section. "(3) TARGET DATE FOR PUBLICATION OF RULE. — AS part of the notice under paragraph (2), and for purposes of this subsection, the 'target date for publication' (referred to in section 564(a)(5) of such title) shall be April 1, 1998. " (4) ABBREVIATED PERIOD FOR SUBMISSION OF COMMENTS.— In applying section 564(c) of such title under this subsection, '15 days' shall be substituted for *30 days'. " (5) APPOINTMENT OF NEGOTIATED RULEMAKING COMMITTEE AND FACILITATOR. —The Secretary shall provide for— "(A) the appointment of a negotiated rulemaking committee under section 565(a) of such title by not later than 30 days after the end of the comment period provided for under section 564(c) of such title (as shortened under paragraph (4)), and "(B) the nomination of a facilitator under section 566(c) of such title by not later than 10 days after the date of appointment of the committee. "(6) PRELIMINARY COMMITTEE REPORT.— The negotiated rulemaking committee appointed under paragraph (5) shall report to the Secretary, by not later than January 1, 1998, regarding the committee's progress on achieving a consensus with regard to the rulemaking proceeding and whether such consensus is likely to occur before 1 month before the target date for publication of the rule. If the committee reports that the committee has failed to make significant progress towards such consensus or is unlikely to reach such consensus by the target date, the Secretary may terminate such process and provide for the publication of a rule under this subsection through such other methods as the Secretary may provide. " (7) FINAL COMMITTEE REPORT.—I f the committee is not terminated under paragraph (6), the rulemaking committee shall submit a report containing a proposed rule by not later than 1 month before the target date of publication. "(8) INTERIM, FINAL EFFECT.— The Secretary shall publish a rule under this subsection in the Federal Register by not later than the target date of publication. Such rule shall be effective and final immediately on an interim basis, but is subject to change and revision after public notice and opportunity for a period (of not less than 60 days) for public comment. In connection with such rule, the Secretary shall specify the process for the timely review and approval of applications of entities to be certified as provider-sponsored organizations pursuant to such rules and consistent with this subsection. " (9) PUBLICATION OF RULE AFTER PUBLIC COMMENT.—The Secretary shall provide for consideration of such comments

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