[Federal Register Volume 74, Number 164 (Wednesday, August 26, 2009)]
[Proposed Rules]
[Pages 43087-43088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20583]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 410, 411, 414, 415, 485, and 489
[CMS-9061-N]
Electronic Public Comment Transmission Error for Two Medicare
Program Rules
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Request for resubmission of comments.
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SUMMARY: This document requests that the public resubmit their comments
on the CY 2010 Physician Fee Schedule or CY 2010 Hospital Outpatient
Prospective Payment System/Ambulatory Surgical Center Payment System
proposed rule before the close of the comment period for these rules
(that is, August 31, 2009) if their comments were originally submitted
via www.regulations.gov during the period from July 26, 2009 through
July 30, 2009.
DATES: To be assured consideration, comments on the CY 2010 Physician
Fee Schedule proposed rule published July 13, 2009 (74 FR 33520) and
the CY 2010 Hospital Outpatient Prospective Payment System/Ambulatory
Surgical Center Payment System proposed rule published July 20, 2009
(74 FR 35232), must be received at one of the addresses provided below,
no later than 5 p.m. on August 31, 2009.
ADDRESSES: In commenting, please refer to file code--
CMS-1413-P (for the CY 2010 Physician Fee Schedule
proposed rule); or
CMS-1414-P (for the CY 2010 Hospital Outpatient
Prospective Payment System/Ambulatory Surgical Center Payment System
proposed rule).
Because of staff and resource limitations, we cannot accept
comments by facsimile (FAX) transmission.
You may submit comments in one of four ways (please choose only one
of the ways listed):
1. Electronically. You may submit electronic comments on either of
these proposed rules via http://www.regulations.gov. Enter one of the
following docket identification numbers in the keyword search field:
a. CMS-2009-0058, for the CY 2010 Physician Fee Schedule proposed
rule.
b. CMS-2009-0060, for the CY 2010 Hospital Outpatient Prospective
[[Page 43088]]
Payment System Ambulatory Surgical Center Payment System proposed rule.
2. By regular mail. You may mail written comments to the following
address only: Centers for Medicare & Medicaid Services, Department of
Health and Human Services, Attention: CMS-1413-P or CMS-1414-P, P.O.
Box 8013, Baltimore, MD 21244-8013.
Please allow sufficient time for mailed comments to be received
before the close of the comment period.
3. By express or overnight mail. You may send written comments to
the following address only: Centers for Medicare & Medicaid Services,
Department of Health and Human Services, Attention: CMS-1413-P or CMS-
1414-P, Mail Stop C4-26-05, 7500 Security Boulevard, Baltimore, MD
21244-1850.
4. By hand or courier. If you prefer, you may deliver (by hand or
courier) your written comments before the close of the comment period
to either of the following addresses:
a. For delivery in Washington, DC-- Centers for Medicare & Medicaid
Services, Department of Health and Human Services, Room 445-G, Hubert
H. Humphrey Building, 200 Independence Avenue, SW., Washington, DC
20201.
(Because access to the interior of the Hubert H. Humphrey Building
is not readily available to persons without Federal government
identification, commenters are encouraged to leave their comments in
the CMS drop slots located in the main lobby of the building. A stamp-
in clock is available for persons wishing to retain a proof of filing
by stamping in and retaining an extra copy of the comments being
filed.)
b. For delivery in Baltimore, MD--Centers for Medicare & Medicaid
Services, Department of Health and Human Services, 7500 Security
Boulevard, Baltimore, MD 21244-1850.
If you intend to deliver your comments to the Baltimore address,
please call telephone number (410) 786-9994 in advance to schedule your
arrival with one of our staff members.
Comments mailed to the addresses indicated as appropriate for hand
or courier delivery may be delayed and received after the comment
period.
FOR FURTHER INFORMATION CONTACT: Shawn Braxton, (410) 786-7292.
SUPPLEMENTARY INFORMATION: In January 2003, the interagency eRulemaking
Program launched www.regulations.gov to provide citizens with an online
portal to learn about proposed regulations and to have their comments
shape the rulemaking process. For the first time ever, American
citizens could access and comment on all proposed Federal regulations
from a single Web site.
A minor software problem resulted in the nontransmittal of some
public comments from July 26, 2009 through July 30, 2009. The software
error affected only a few Federal agencies, one of which was the
Centers for Medicare & Medicaid Services. We were informed that this
error affected the receipt of public comments on the following proposed
rules (1) Medicare Program; Payment Policies Under the Physician Fee
Schedule and Other Revisions to Part B for CY 2010 (regulations.gov
docket identification (ID) number (CMS-2009-0058)); and (2) Medicare
Program: Proposed Changes to the Hospital Outpatient Prospective
Payment System and CY 2010 Payment Rates; Proposed Changes to the
Ambulatory Surgical Center Payment System and CY 2010 Payment Rates
(regulations.gov docket ID number (CMS-2009-0060)). (These proposed
rules were published in the July 13, 2009 (74 FR 33520) and the July
20, 2009 (74 FR 35232) Federal Register, respectively.) Therefore, we
are requesting that persons who transmitted comments on either of the
aforementioned proposed rules during the period from July 26, 2009
through July 30, 2009 resubmit their comments before the close of the
comment period for the proposed rules which is August 31, 2009. Persons
wishing to resubmit comments may do so electronically, via mail, hand
delivery, or courier as specified in the ADDRESSES section of this
notice.
We note that the software problem has been corrected and safeguards
are now in place to ensure this error will not occur for future
rulemaking documents.
Dated: August 20, 2009.
Charlene Frizzera,
Acting Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. E9-20583 Filed 8-21-09; 4:15 pm]
BILLING CODE 4120-01-P