[Federal Register Volume 73, Number 102 (Tuesday, May 27, 2008)]
[Proposed Rules]
[Pages 30355-30356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11801]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Part 418
[CMS-3844-RCN]
RIN 0938-AH27
Medicare and Medicaid Programs; Hospice Conditions of
Participation Extension of Timeline for Publication of Final Rule
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Extension of timeline for publication of final rule.
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SUMMARY: This notice announces an extension of the timeline for
publication of the ``Medicare and Medicaid Programs; Hospice Conditions
of Participation'' final rule. This notice is issued in accordance with
section 1871(a)(3)(B) of the Social Security Act (the Act) which
requires notice be provided in the Federal Register if a final
regulation, due to exceptional circumstances, will take longer to
publish than 3 years after the publication date of the proposed rule.
In this case, the complexity of the rule and scope of comments warrants
the extension of the timeline for publication.
DATES: Effective Date: This notice is effective on May 27, 2008.
FOR FURTHER INFORMATION CONTACT: Mary Rossi-Coajou, (410) 786-6051, or
Danielle Shearer, (410) 786-6617.
SUPPLEMENTARY INFORMATION:
I. Background
On May 27, 2005, we published in the Federal Register a proposed
rule (70 FR 30840) that would establish new conditions of participation
for Medicare-participating hospices. The proposed revisions would focus
on the care delivered to patients and their families and the outcomes
of that care by reflecting an interdisciplinary, patient-centered
approach to care planning and delivery and allowing hospices
flexibility in meeting quality standards.
II. Notice of Continuation
This notice announces an extension of the timeline for publication
of a final rule responding to comments on the above proposed rule.
Section 1871(a)(3)(B) of the Act requires the Secretary to publish
final regulations no later than 3 years after the publication date of
the proposed rule. To meet this 3-year timeframe, the final rule would
have to be published by May 27, 2008.
Section 1871(a)(3)(B) also provides that under ``exceptional
circumstances,'' the Secretary may extend the initial targeted
publication date of a final regulation. The Secretary is required,
prior to the regulation's previously established proposed publication
date, to provide public notice of this extension in the Federal
Register, including a brief explanation of the justification for the
variation.
This notice extends the timeline based on the following exceptional
circumstances, which we believe, justify such an extension. We are not
able to
[[Page 30356]]
meet the 3-year timeline for publication of the final rule due to the
complexity of the rule and the large number of public comments we
received.
We received a large volume of timely comments on the proposed rule.
The commenters presented extremely complex and detailed policy and
legal issues, which require extensive consultation, review, and
analysis. Also, the development of the final rule requires
collaboration among other agencies under the Department of Health and
Human Services (DHHS). We note that extensive coordination has been
needed to ensure that these provisions follow guidelines and rules of
all affected administrative agencies.
In addition, this final rule is extremely comprehensive because it
updates and revises policies, some of which were originally established
in 1983, regarding patient assessment, patient care planning and
delivery, quality assessment and performance improvement, drug and
biologicals management, inpatient care facilities, and the role of
hospice care in long term care facilities. Therefore, the incorporation
of these updates has required extensive time, outreach, and
collaboration to ensure that the final rule's provisions are consistent
with current best practices in the provision of hospice services.
We believe that an extension of the publication timeline is
necessary and appropriate to ensure that we are able to address all of
the comments and issues raised in response to the May 27, 2005 proposed
rule. Therefore, this notice extends the timeline for publication of
the final rule until May 27, 2009.
Authority: Section 1871 of the Social Security Act (42 U.S.C.
1395hh).
(Catalog of Federal Domestic Assistance Program No. 93.773
Medicare--Hospital Insurance Program; and No. 93.774, Medicare--
Supplementary Medical Insurance Program)
Dated: May 21, 2008.
Ann Agnew,
Executive Secretary to the Department.
[FR Doc. E8-11801 Filed 5-23-08; 8:45 am]
BILLING CODE 4120-01-P