[Federal Register: September 29, 2006 (Volume 71, Number 189)]
[Rules and Regulations]
[Page 57447-57448]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29se06-21]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 412, 414, and 424
[CMS-1540-CN]
RIN 0938-AO16
Medicare Program; Inpatient Rehabilitation Facility Prospective
Payment System for Federal Fiscal Year 2007; Certain Provisions
Concerning Competitive Acquisition for Durable Medical Equipment,
Prosthetics, Orthotics, and Supplies (DMEPOS); Accreditation of DMEPOS
Suppliers; Correction
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Correction.
-----------------------------------------------------------------------
SUMMARY: This document corrects technical errors that appeared in the
final rule published in the Federal Register on August 18, 2006, titled
``Medicare Program; Inpatient Rehabilitation Facility Prospective
Payment System for Federal Fiscal Year 2007; Certain Provisions
Concerning Competitive Acquisition for Durable Medical Equipment,
Prosthetics, Orthotics, and Supplies (DMEPOS); Accreditation of DMEPOS
Suppliers'' (71 FR 48354).
DATES: Effective Dates: The regulatory changes to part 412 of 42 CFR
are effective October 1, 2006. The regulatory changes to part 414 of 42
CFR, other than Sec. 414.406(e), are effective August 31, 2006. The
effective date for Sec. 414.406(e) is October 1, 2006. The regulatory
changes to part 424 of 42 CFR are effective October 2, 2006. The
updated IRF prospective payment rates are effective October 1, 2006,
for discharges occurring on or after October 1, 2006, and on or before
September 30, 2007 (that is, during FY 2007).
FOR FURTHER INFORMATION CONTACT: Zinnia Ng, (410) 786-4587.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 06-6694 of August 18, 2006 (71 FR 48354), there were
several technical errors that are identified and corrected in the
Correction of Errors section below. The provisions in this correction
notice are effective as if they had been included in the document
published on August 18, 2006.
II. Summary of Errors
The first of the technical errors identified and corrected in the
Correction of Errors section below occurred in the ``Effective Dates''
paragraph of the final rule (71 FR 48354). We inadvertently neglected
to identify the effective date for 42 Code of Federal Regulations (CFR)
414.406(e). We will identify the effective date for Sec. 414.406(e) as
October 1, 2006.
In addition, two typographical errors occurred that resulted in
duplicate descriptions of the Addendum that appears on page 48412 of
the final rule, as well as a misspelled word that appears in a footnote
on page 48434. We will delete the duplicate description of the Addendum
and correct the spelling of the misspelled word.
A typesetting error also occurred on page 48415 in the final rule.
The wage index value for Canton-Massillon, Ohio (CBSA 15940) displays
an incorrect wage index value of 0.8735. We will replace the incorrect
wage index value with the correct wage index value of 0.8935, as
published in the Inpatient Rehabilitation Facility Prospective Payment
System (IRF PPS) proposed rule (71 FR 28106, 28145, May 15, 2006).
III. Correction of Errors
In FR Doc. 06-6694 of August 18, 2006 (71 FR 48354), make the
following corrections:
1. On page 48354, in the first column, the paragraph entitled
``Effective Dates'' is deleted and replaced with, ``Effective Dates:
The regulatory changes to part 412 of 42 CFR are effective October 1,
2006. The regulatory changes to part 414 of 42 CFR, other than Sec.
414.406(e), are effective August 31, 2006. The effective date for Sec.
414.406(e) is October 1, 2006. The regulatory changes to part 424 of 42
CFR are effective October 2, 2006. The updated IRF prospective payment
rates are effective October 1, 2006, for discharges occurring on or
after October 1, 2006, and on or before September 30, 2007 (that is,
during FY 2007).''
2. On page 48412, portions of the first and second columns will be
deleted. The text to be deleted begins in the first column with the
word ``Addendum'' through the end of the second full paragraph in the
second column.
3. On page 48415, the Canton-Massillon, OH (CBSA 15940) wage index
value of ``0.8735'' is corrected to read ``0.8935''.
4. On page 48434, in the third column, second footnote, line 2,
``shrot'' is corrected to read ``short''.
IV. 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.
Section 553(d) of the APA ordinarily requires a 30-day delay in
effective date of final rules after the date of their publication in
the Federal Register. This 30-day delay in effective date can be
waived, however, for good cause found by the agency, if the agency
incorporates a statement of the finding and its reasons in the rule
issued.
The policies and payment methodology expressed in the FY 2007 final
rule (71 FR 48354) have previously been subjected to notice and comment
procedures. This correction notice merely provides technical
corrections to the FY 2007 final rule that was promulgated through
notice and comment rulemaking, and does not make substantive changes to
the policies or payment methodology that were expressed in the final
rule. For example, this notice corrects typographical and typesetting
errors. In addition, we inadvertently neglected to identify the
effective date for 42 CFR 414.406(e). Therefore, we find it unnecessary
to undertake further notice and comment
[[Page 57448]]
procedures with respect to this correction notice. We also believe it
is in the public interest to waive notice and comment procedures and
the 30-day delay in effective date for this notice. This correction
notice is intended to ensure that the FY 2007 final rule accurately
reflects the policies expressed in the final rule, and the correct
information is made available to the public prior to October 1, 2006.
For the reasons stated above, we find that both notice and comment
and the 30-day delay in effective date for this correction notice are
unnecessary and impracticable. We also find that it is in the public
interest to make this notice effective in conjunction with the final
rule to which the corrections apply, and that it would be contrary to
the public interest to do otherwise. Therefore, we find good cause to
waive notice and comment procedures and the 30-day delay in effective
date for this correction notice.
(Catalog of Federal Domestic Assistance Program No. 93.773,
Medicare--Hospital Insurance; and Program No. 93.774, Medicare--
Supplementary Medical Insurance Program)
Dated: September 22, 2006.
Ann C. Agnew,
Executive Secretary to the Department.
[FR Doc. E6-15980 Filed 9-28-06; 8:45 am]
BILLING CODE 4120-01-P