Justia Regulation Tracker

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[Federal Register: October 1, 2007 (Volume 72, Number 189)]
[Rules and Regulations]               
[Page 55672-55673]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01oc07-7]                         

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Part 418

[CMS-1539-CN]
RIN 0938-AO72

 
Medicare Program; Hospice Wage Index for Fiscal Year 2008 
Correction

AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.

ACTION: Correction of final rule.

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SUMMARY: This document corrects typographical errors that appeared in 
the final rule published in the August 31, 2007 Federal Register 
entitled ``Medicare Program; Hospice Wage Index for Fiscal Year 2008.''

DATES: Effective Date: These corrections are effective on October 1, 
2007.

FOR FURTHER INFORMATION CONTACT: Terri Deutsch, (410) 786-9462.

SUPPLEMENTARY INFORMATION:

I. Background

    In FR Doc. 07-4292 of August 31, 2007 (72 FR 50214), there were 
errors that are identified and corrected in ``Section III Correction of 
Errors''. The provisions in this correction notice are effective as if 
they had been included in the August 31, 2007 final rule. Accordingly, 
these corrections are effective October 1, 2007.

II. Summary of Errors

    Table A of the Addendum lists the fiscal year (FY) 2008 urban wage 
index values for hospice providers by Core-Based Statistical Areas 
(CBSA) designations. To ensure that hospice providers are able to 
identify their FY 2008 wage index value, table A contains the CBSA 
codes, CBSA county name

[[Page 55673]]

(urban area), and CBSA wage index for urban geographic areas. However, 
for CBSA codes 29940 and 44140, on pages 50238 and 50245, respectively, 
we inaccurately specified the urban areas.
    These errors do not represent a change in policy. In addition, 
these changes are consistent with the proposed rule (72 FR 24146 and 
24162) and how the urban areas have been defined in the past.

III. Correction of Errors

    FR Doc. 07-4292 of August 31, 2007 (72 FR 50214), make the 
following corrections:
    1. On page 50238, in ``TABLE A--HOSPICE WAGE INDEX FOR URBAN AREAS 
BY CBSA,'' the urban area for CBSA code 29940 is corrected to read as 
follows:

------------------------------------------------------------------------
                                 Urban area (constituent
           CBSA code                counties or county    Wage index \1\
                                     equivalents) \2\
------------------------------------------------------------------------
29940..........................  Lawrence, KS, Douglas,           0.8923
                                  KS.
------------------------------------------------------------------------

    2. On page 50245, in ``TABLE A--HOSPICE WAGE INDEX FOR URBAN AREAS 
BY CBSA,'' the urban area for CBSA code 44140 is corrected to read as 
follows:

------------------------------------------------------------------------
                                 Urban area (constituent
           CBSA code                counties or county    Wage index \1\
                                     equivalents) \2\
------------------------------------------------------------------------
44140..........................  Springfield, MA,                 1.0751
                                  Franklin, MA, Hampden,
                                  MA, Hampshire, MA.
------------------------------------------------------------------------

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, if an agency finds for good cause that the delay is 
impracticable, unnecessary, or contrary to the public interest, and the 
agency incorporates a statement of the findings and its reasons in the 
rule issued.
    The revisions contained in this document merely correct 
typographical errors in Table A of the Addendum. These corrections are 
necessary to ensure that the final rule accurately reflects the correct 
urban areas. Since these changes do not represent any policy changes, 
but are merely technical in nature, we find that public comments on 
these revisions are unnecessary. Therefore, we find good cause to waive 
notice and comment procedures and the 30-days delay in effective date.

(Catalog of Federal Domestic Assistance Program No. 93.773, 
Medicare--Hospital Insurance; and Program No. 93.774, Medicare--
Supplementary Medical Insurance Program)

    Dated: September 26, 2007.
Ann C. Agnew,
Executive Secretary to the Department.
[FR Doc. 07-4851 Filed 9-28-07; 8:45 am]

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