[Federal Register: June 30, 2006 (Volume 71, Number 126)]
[Rules and Regulations]
[Page 37504-37505]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jn06-12]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 420, 424, 489, and 498
[CMS-6002-F2]
RIN-0938-AH73
Medicare Program; Requirements for Providers and Suppliers To
Establish and Maintain Medicare Enrollment; Correcting Amendment
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Final rule; correcting amendment.
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SUMMARY: This correcting amendment corrects a technical error
identified in the final rule that appeared in the April 21, 2006
Federal Register entitled ``Requirements for Providers and Suppliers to
Establish and Maintain Medicare Enrollment.'' In that final rule, we
require all providers and suppliers (other than physicians or
practitioners who have elected to ``opt-out'' of the Medicare program)
to: (1) Complete an enrollment form and submit specific information to
us; and (2) periodically update and certify the accuracy of their
enrollment information to receive and maintain billing privileges in
the Medicare program. The final rule also implements statutory
provisions requiring us to ensure that all Medicare providers and
suppliers are qualified to provide the appropriate health care
services. The effective date of the final rule was June 20, 2006.
DATES: Effective Date: This correcting amendment is effective on July
31, 2006.
FOR FURTHER INFORMATION CONTACT: Michael C. Collett, (410) 786-6121.
SUPPLEMENTARY INFORMATION:
I. Background and Summary of Error
In FR Doc. 06-3722 (71 FR 20754), the final rule entitled
``Requirements for Providers and Suppliers to Establish and Maintain
Medicare Enrollment'' (hereinafter referred to the April 21, 2006 final
rule), there was a technical error that is identified and corrected in
the regulations text of this correcting amendment. The provisions of
this correcting amendment are effective on July 31, 2006.
On page 20781 of the April 21, 2006 final rule, we made a technical
error in the regulation text of Sec. 498.3(b)(17). In this paragraph,
we inadvertently omitted qualifying language related to our authority
to deny, in addition to revoke, a provider or supplier's
[[Page 37505]]
Medicare enrollment. Accordingly, we are revising Sec. 498.3(b)(17) to
accurately reflect our authority to deny or revoke a provider or
supplier's Medicare enrollment. Therefore, on page 20781 third column,
lines 44 through 46, the paragraph ``The revocation of a provider or
supplier's Medicare enrollment in accordance to Sec. 424.535 of this
chapter'' would be corrected to read ``Whether to deny or revoke a
provider or supplier's Medicare enrollment in accordance with Sec.
424.530 or Sec. 424.535 of this chapter.''
II. 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 rule take effect in accordance with section 553(b) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). However, we
can waive this notice and comment procedure if the Secretary finds, for
good cause, that the notice and comment process is impracticable,
unnecessary, or contrary to the public interest, and incorporates a
statement of the finding and the reasons therefore in the notice.
Our policy on the requirements for providers and suppliers to
establish and maintain Medicare enrollment in the April 21, 2006 final
rule has previously been subjected to notice and comment procedures.
This correction is consistent with the discussion of this policy in the
April 21, 2006 final rule and does not make a substantive change to
this policy. This correcting amendment merely corrects a technical
error in the regulations text of the April 21, 2006 final rule. As a
result, this correcting amendment is intended to ensure that the April
21, 2006 final rule accurately reflects the policy adopted in this
final rule and does not contradict policy found at Sec. 424.530, which
did not receive any comments during the original comment period.
Therefore, we find that undertaking further notice and comment
procedures to incorporate these corrections into the final rule is
unnecessary.
III. Correction of Errors
0
Given the error summarized in section I. of the correcting amendment,
we are making the following correcting amendment to 42 CFR part 498:
PART 498--APPEALS PROCEDURES FOR DETERMINATIONS THAT AFFECT
PARTICIPATION IN THE MEDICARE PROGRAM AND FOR DETERMINATIONS THAT
AFFECT THE PARTICIPATION OF ICFs/MR AND CERTAIN NFs IN THE MEDICAID
PROGRAM
0
Section 498.3 is amended by revising paragraph (b)(17) to read as
follows:
Sec. 498.3 [Corrected]
* * * * *
(b) * * *
(17) Whether to deny or revoke a provider or supplier's Medicare
enrollment in accordance with Sec. 424.530 or Sec. 424.535 of this
chapter.
* * * * *
(Catalog of Federal Domestic Assistance Program No. 93.773,
Medicare--Hospital Insurance; and Program No. 93.774, Medicare--
Supplementary Medical Insurance Program)
Dated: June 27, 2006.
Ann Agnew,
Executive Secretary to the Department.
[FR Doc. E6-10290 Filed 6-29-06; 8:45 am]
BILLING CODE 4120-01-P