[Federal Register Volume 74, Number 185 (Friday, September 25, 2009)]
[Rules and Regulations]
[Pages 48865-48866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22958]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[CMS-1410-CN]
42 CFR Part 483
RIN 0938-AP46
Medicare Program; Prospective Payment System and Consolidated
Billing for Skilled Nursing Facilities; Correction
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Final rule; correction.
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SUMMARY: This document corrects technical errors that appeared in the
final rule published in the Federal Register (74 FR 40288) on August
11, 2009 entitled, ''Medicare Program; Prospective Payment System and
Consolidated Billing for Skilled Nursing Facilities for FY 2010;
Minimum Data Set, Version 3.0 for Skilled Nursing Facilities and
Medicaid Nursing Facilities.''
DATES: Effective Date: This correction is effective October 1, 2009.
FOR FURTHER INFORMATION CONTACT: Bill Ullman, (410) 786-5667.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. E9-18662 of August 11, 2009 (74 FR 40288), there were
three errors (two typographical errors and a technical error in the
wage index values) that we are identifying and correcting in section
III--``Correction of Errors''. The corrections in this notice are
effective as if they were included in the final rule published on
August 11, 2009. Accordingly, the corrections are effective October 1,
2009.
II. Summary of Errors
In the August 11, 2009 final rule, we made two typographical errors
in the preamble that resulted in an incorrect date being cited. First,
on page 40293, we stated that the ``* * * final rule sets forth a
schedule of Federal prospective payment rates applicable to Medicare
Part A SNF services beginning October 1, 2010.'' We are correcting the
date that appears in this sentence so that it correctly reads ``October
1, 2009'' consistent with Tables 2 and 3 (``FY 2010 Unadjusted Federal
Rate Per Diem Urban'' and ``FY 2010 Unadjusted Federal Rate Per Diem
Rural''), and with the fiscal year (FY) 2010 effective date for the
Federal rates specified throughout the preamble. In addition, on page
40297, we made a typographical error resulting in an incorrect date
being cited in describing the prospective nature of the recalibration
of the case-mix weights. The purpose of the paragraph where the date
appears is to explain that in order to avoid possible negative
consequences, the recalibration of the case-mix weights is being
implemented on a prospective basis only, and does not include a
retroactive recoupment of any overpayments already made. We are
correcting the date that appears in the preamble, so that it correctly
reads ``October 1, 2009'' rather than ``October 1, 2010'', consistent
with the FY 2010 effective date specified for the recalibration
throughout the final rule.
In addition, in the addendum to the August 11, 2009 final rule, we
are revising an entry in Table B: ``FY 2010 Wage Index Based on CBSA
Labor Market Areas for Rural Areas'' in order to correct a technical
error arising from the revision of wage data for two inpatient
prospective payment system (IPPS) providers. We inadvertently excluded
the wage data for a hospital that should have been included in the wage
index calculation, and included the wage data for a hospital that
should have been excluded from the wage index. Accordingly, we are
revising the wage index value displayed in Table B for rural California
from ``1.2001'' to the corrected value of ``1.2051''. As this revision
involves only a single entry in Table B, we are not republishing the
table in its entirety in this notice; however, we note that the
corrected version of this table is available on the SNF PPS Web site,
which can be accessed online at http://www.cms.hhs.gov/SNFPPS/.
III. Correction of Errors
In FR Doc. E9-18662 (74 FR 40288), make the following corrections:
1. On page 40293, in column 2, in the first paragraph under Section
III.B.1 (Federal Prospective Payment System), in the first sentence,
the date ``October 1, 2010'' is corrected to read ``October 1, 2009''.
2. On page 40297, in column 2, in the last paragraph, in the first
line from the bottom, the date ``October 1, 2010'' is corrected to read
``October 1, 2009''.
3. On page 40385, in Table B, in column 3 of the table, in line 5,
the wage index ``1.2001'' is corrected to read ``1.2051''.
IV. Waiver of Proposed Rulemaking and Delayed Effective Date
We ordinarily publish a proposed rule in the Federal Register to
provide a period for public comment before the provisions of a rule
such as this take effect in accordance with section 553(b) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). We also
ordinarily provide a 30-day delay in the effective date of the
provisions of a notice in accordance with section 553(d) of the APA (5
U.S.C. 553(d)). However, we can waive both the notice and comment
procedure and the 30-day delay in effective date if the Secretary
finds, for good cause, that a notice and comment process is
impracticable, unnecessary, or contrary to the public interest, and
incorporates a statement of the finding and the reasons for it in the
notice.
We find for good cause that it is unnecessary to undertake notice
and comment rulemaking because this notice merely provides technical
corrections to the regulations. We are not making substantive changes
to our payment methodologies or policies, but rather, are simply
implementing correctly the payment methodologies and policies that we
previously proposed, received comment on, and subsequently finalized.
The public has already had the opportunity to comment on these payment
methodologies and policies, and this correction notice is intended
solely to ensure that the FY 2010 skilled nursing facility (SNF)
prospective system (PPS) final rule accurately reflects them.
Therefore, we believe that undertaking further notice and comment
procedures to incorporate these corrections into the final rule is
unnecessary and contrary to the public interest.
Further, we believe a delayed effective date is unnecessary because
this correction notice merely corrects inadvertent technical errors.
The changes noted above do not make any substantive changes to the SNF
PPS payment methodologies or policies. Moreover, we regard imposing a
delay in the effective date as being contrary to the public interest.
We believe that it is in the public interest for providers to receive
appropriate SNF PPS payments in as timely a manner as possible and to
ensure that the FY 2010 SNF PPS final rule accurately reflects our
payment methodologies, payment rates, and policies. Therefore, we find
good cause to waive notice and comment procedures, as well as the 30-
day delay in effective date.
[[Page 48866]]
(Catalog of Federal Domestic Assistance Program No. 93.773,
Medicare--Hospital Insurance; and Program No. 93.774, Medicare--
Supplementary Medical Insurance Program)
Dated: September 16, 2009.
Dawn L. Smalls,
Executive Secretary to the Department.
[FR Doc. E9-22958 Filed 9-24-09; 8:45 am]
BILLING CODE 4120-01-P