Medicare Program; Prospective Payment System and Consolidated Billing for Skilled Nursing Facilities; Corrections, 67652-67653 [E7-23219]

Download as PDF 67652 Federal Register / Vol. 72, No. 230 / Friday, November 30, 2007 / Rules and Regulations year for displays during the second six months of the preceding calendar year. (f) Terms of use. (1) The rates of this schedule are for unlimited use for a period of three years from the date of the first use of the work under this schedule. Succeeding use periods will require the following additional payment: Additional one-year period— 25 percent of the initial three-year fee; second three-year period—50 percent of the initial three-year fee; each three-year period thereafter—25 percent of the initial three-year fee; provided that a 100 percent additional payment prior to the expiration of the first three-year period will cover use during all subsequent use periods without limitation. Such succeeding uses which are subsequent to December 31, 2012, shall be subject to the rates established in this schedule. (2) Pursuant to the provisions of 17 U.S.C. 118(e), nothing in this schedule shall be construed to permit, beyond the limits of fair use as provided in 17 U.S.C. 107, the production of a transmission program drawn to any substantial extent from a published compilation of pictorial, graphic, or sculptural works. § 381.9 Unknown copyright owners. If PBS and its stations, NPR and its stations, or other public broadcasting entity is not aware of the identity of, or unable to locate, a copyright owner who is entitled to receive a royalty payment under this part, they shall retain the required fee in a segregated trust account for a period of three years from the date of the required payment. No claim to such royalty fees shall be valid after the expiration of the three-year period. Public broadcasting entities may establish a joint trust fund for the purposes of this section. Public broadcasting entities shall make available to the Copyright Royalty Judges, upon request, information concerning fees deposited in trust funds. rwilkins on PROD1PC63 with RULES § 381.10 (a) On or before December 1, 2007, the Copyright Royalty Judges shall publish in the Federal Register a notice of the change in the cost of living as determined by the Consumer Price Index (all consumers, all items) during the period from the most recent Index published prior to December 1, 2006, to the most recent Index published prior to December 1, 2007. On each December 1 thereafter the Copyright Royalty Judges shall publish a notice of the change in the cost of living during the period from the most recent index published prior to the previous notice, to the most recent 16:09 Nov 29, 2007 Jkt 214001 § 381.11 Notice of restrictions on use of reproductions of transmission programs. Any public broadcasting entity which, pursuant to 17 U.S.C. 118, supplies a reproduction of a transmission program to governmental bodies or nonprofit institutions shall include with each copy of the reproduction a warning notice stating in substance that the reproductions may be used for a period of not more than seven days from the specified date of transmission, that the reproductions must be destroyed by the user before or at the end of such period, and that a failure to fully comply with these terms shall subject the body or institution to the remedies for infringement of copyright. Dated: November 23, 2007. James Scott Sledge, Chief Copyright Royalty Judge. [FR Doc. E7–23145 Filed 11–29–07; 8:45 am] BILLING CODE 1410–72–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Part 409 [CMS–1545–CN2] Cost of living adjustment. VerDate Aug<31>2005 Index published prior to December 1, of that year. (b) On the same date of the notices published pursuant to paragraph (a) of this section, the Copyright Royalty Judges shall publish in the Federal Register a revised schedule of rates for § 381.5 which shall adjust those royalty amounts established in dollar amounts according to the change in the cost of living determined as provided in paragraph (a) of this section. Such royalty rates shall be fixed at the nearest dollar. (c) The adjusted schedule for rates for § 381.5 shall become effective thirty days after publication in the Federal Register. Medicare Program; Prospective Payment System and Consolidated Billing for Skilled Nursing Facilities; Corrections Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Final rule; correction notice. AGENCY: SUMMARY: This document corrects technical errors that appeared in the August 3, 2007 Federal Register, entitled ‘‘Medicare Program; Prospective Payment System and Consolidated Frm 00018 Fmt 4700 I. Background On September 28, 2007, we published a correction notice (FR Doc. E7–18732, 72 FR 55085) to correct a number of technical errors that appeared in the FY 2008 Skilled Nursing Facility Prospective Payment System (SNF PPS) final rule on August 3, 2007 (FR Doc. 07–3784, 72 FR 43412). In this notice, we are correcting certain technical errors in the wage index values, which have been recently identified. Specifically, we have determined that in the process of developing the most recent hospital wage index, an inpatient hospital provider was inadvertently assigned to the wrong Core-Based Statistical Area (CBSA). This provider was incorrectly located in CBSA 16180 (Carson City, NV) instead of CBSA 39900 (Reno-Sparks, NV). Accordingly, we are revising the wage index values for CBSA 16180 Carson City, NV from 0.9353 to the corrected value of 1.0003. Similarly, we are revising the wage index value for CBSA 39900 RenoSparks, NV from 1.0959 to the corrected value of 1.0715. As we are revising the entries for only these two particular CBSAs, we are not republishing the lengthy Table 8, ‘‘FY 2008 Wage Index for Urban Areas Based on CBSA Labor market Areas,’’ in its entirety in this notice. We note that the corrected version of this table is available online on the SNF PPS website, at https:// www.cms.hhs.gov/SNFPPS/ 04_WageIndex.asp. The corrections in this document appear below in the ‘‘Correction of Errors’’ section. The provisions in this correction notice are effective as of January 1, 2008. II. Correction of Errors RIN 0938–AM46 PO 00000 Billing for Skilled Nursing Facilities for FY 2008; Final Rule.’’ DATES: Effective Date: This correction is effective January 1, 2008. FOR FURTHER INFORMATION CONTACT: Bill Ullman, (410) 786–5667. SUPPLEMENTARY INFORMATION: Sfmt 4700 In FR Doc. 07–3784 (72 FR 43412), make the following corrections: 1. On page 43441, in column 3 (‘‘Wage Index’’) of Table 8, ‘‘Wage Index for Urban Areas Based on CBSA Labor Market Areas’’, the entry ‘‘0.9353’’ for CBSA 16180 Carson City, NV is corrected to read ‘‘1.0003’’. 2. On page 43455, in column 3 (‘‘Wage Index’’) of Table 8, ‘‘Wage Index for Urban Areas Based on CBSA Labor Market Areas’’, the entry ‘‘1.0959’’ for CBSA 39900 Reno-Sparks, NV is corrected to read ‘‘1.0715’’. E:\FR\FM\30NOR1.SGM 30NOR1 Federal Register / Vol. 72, No. 230 / Friday, November 30, 2007 / Rules and Regulations III. 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 notice take effect in accordance with section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). However, we can waive the notice and comment procedure 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 therefore 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 2008 SNF PPS final rule accurately reflects them. Therefore, we believe that undertaking further notice and comment procedures to incorporate these corrections into the update notice is unnecessary and contrary to the public interest. (Catalog of Federal Domestic Assistance Program No. 93.773, Medicare—Hospital Insurance; and Program No. 93.774, Medicare—Supplementary Medical Insurance Program) Dated: November 19, 2007. Ann C. Agnew, Executive Secretary to the Department. [FR Doc. E7–23219 Filed 11–29–07; 8:45 am] BILLING CODE 4120–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Part 455 [CMS–2264–F] rwilkins on PROD1PC63 with RULES RIN 0938–AO88 Medicaid Integrity Program; Limitation on Contractor Liability Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Final rule. AGENCY: VerDate Aug<31>2005 16:09 Nov 29, 2007 Jkt 214001 SUMMARY: The Medicaid Integrity Program (the Program) provides that the Secretary promote the integrity of the Medicaid program by entering into contracts with contractors that will review the actions of individuals or entities furnishing items or services (whether fee-for-service, risk, or other basis) for which payment may be made under an approved State plan and/or any waiver of the plan approved under section 1115 of the Social Security Act; audit claims for payment of items or services furnished, or administrative services furnished, under a State plan; identify overpayments of individuals or entities receiving Federal funds; and educate providers of services, managed care entities, beneficiaries, and other individuals with respect to payment integrity and quality of care. This final rule will provide for limitations on a contractor’s liability while performing these services under the Program. The final rule will, to the extent possible, employ the same or comparable standards and other substantive and procedural provisions as are contained in section 1157 (Limitation on Liability) of the Social Security Act. DATES: Effective Date: These regulations are effective on December 31, 2007. FOR FURTHER INFORMATION CONTACT: Barbara Rufo, 410–786–5589 or Crystal High, 410–786–8366. SUPPLEMENTARY INFORMATION: I. Background A. Current Law States and the Federal Government share in the responsibility for safeguarding Medicaid program integrity. States must comply with Federal requirements designed to ensure that Medicaid funds are properly spent (or recovered, when necessary). The Centers for Medicare & Medicaid Services (CMS) is the primary Federal agency responsible for providing oversight of States’ activities and facilitating their program integrity efforts. B. Medicaid Integrity Program Section 6034 of the Deficit Reduction Act (DRA) of 2005 (Pub. L. 109–171, enacted on February 8, 2006) amended title XIX of the Social Security Act (the Act), (42 U.S.C. 1396 et seq.) by redesignating the old section 1936 as section 1937; and inserting the new section 1936 to combat Medicaid fraud and abuse. For the first time, the Program authorizes the Federal Government to directly identify, recover, and prevent inappropriate Medicaid payments. It will also support PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 67653 the efforts of the State Medicaid agencies through a combination of oversight and technical assistance. Although individual States work to ensure the integrity of their respective Medicaid programs, the Program represents CMS’ first comprehensive national strategy to detect and prevent Medicaid fraud and abuse. The Program will provide CMS with the ability to more directly ensure the accuracy of Medicaid payments and to deter those who would exploit the program. The new section 1936 of the Act states that the Secretary shall promote the integrity of the Medicaid program by entering into contracts with eligible entities to carry out the following activities: 1. Review of the actions of individuals or entities furnishing items or services (whether on a fee-for-service, risk or other basis) for which payment may be made under a State plan approved under title XIX (or under any waiver of this plan approved under section 1115 of the Act) to determine whether fraud, waste, and/or abuse has occurred, or is likely to occur, or whether these actions have any potential for resulting in an expenditure of funds under title XIX in a manner that is not intended under the provisions of title XIX. 2. Audit of claims for payment for items or services furnished, or administrative services rendered, under a State plan under title XIX, including cost reports, consulting contracts; and risk contracts under section 1903(m) of the Act. 3. Identification of overpayments to individuals or entities receiving Federal funds under title XIX. 4. Education of providers of services, managed care entities, beneficiaries, and other individuals with respect to payment integrity and quality of care. Section 1936 of the Act also provides that the Secretary will, by regulation, provide for the limitation of a contractor’s liability for actions taken to carry out a contract under the Medicaid Integrity Program. II. Provisions of the Proposed Regulation and Response to Comments Limitations on Contractor Liability Section 6034 of the Deficit Reduction Act of 2005 amended title XIX of the Act by establishing, under the new section 1936, the Medicaid Integrity Program to promote the integrity of the Medicaid program by authorizing the Centers for Medicare & Medicaid Services (CMS) (on behalf of the Secretary) to enter into contracts with contractors that will (1) review the actions of individuals or entities E:\FR\FM\30NOR1.SGM 30NOR1

Agencies

[Federal Register Volume 72, Number 230 (Friday, November 30, 2007)]
[Rules and Regulations]
[Pages 67652-67653]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23219]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Part 409

[CMS-1545-CN2]
RIN 0938-AM46


Medicare Program; Prospective Payment System and Consolidated 
Billing for Skilled Nursing Facilities; Corrections

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

ACTION: Final rule; correction notice.

-----------------------------------------------------------------------

SUMMARY: This document corrects technical errors that appeared in the 
August 3, 2007 Federal Register, entitled ``Medicare Program; 
Prospective Payment System and Consolidated Billing for Skilled Nursing 
Facilities for FY 2008; Final Rule.''

DATES: Effective Date: This correction is effective January 1, 2008.

FOR FURTHER INFORMATION CONTACT: Bill Ullman, (410) 786-5667.

SUPPLEMENTARY INFORMATION: 

I. Background

    On September 28, 2007, we published a correction notice (FR Doc. 
E7-18732, 72 FR 55085) to correct a number of technical errors that 
appeared in the FY 2008 Skilled Nursing Facility Prospective Payment 
System (SNF PPS) final rule on August 3, 2007 (FR Doc. 07-3784, 72 FR 
43412). In this notice, we are correcting certain technical errors in 
the wage index values, which have been recently identified. 
Specifically, we have determined that in the process of developing the 
most recent hospital wage index, an inpatient hospital provider was 
inadvertently assigned to the wrong Core-Based Statistical Area (CBSA). 
This provider was incorrectly located in CBSA 16180 (Carson City, NV) 
instead of CBSA 39900 (Reno-Sparks, NV). Accordingly, we are revising 
the wage index values for CBSA 16180 Carson City, NV from 0.9353 to the 
corrected value of 1.0003. Similarly, we are revising the wage index 
value for CBSA 39900 Reno-Sparks, NV from 1.0959 to the corrected value 
of 1.0715. As we are revising the entries for only these two particular 
CBSAs, we are not republishing the lengthy Table 8, ``FY 2008 Wage 
Index for Urban Areas Based on CBSA Labor market Areas,'' in its 
entirety in this notice. We note that the corrected version of this 
table is available online on the SNF PPS website, at https://
www.cms.hhs.gov/SNFPPS/04_WageIndex.asp.
    The corrections in this document appear below in the ``Correction 
of Errors'' section. The provisions in this correction notice are 
effective as of January 1, 2008.

II. Correction of Errors

    In FR Doc. 07-3784 (72 FR 43412), make the following corrections:
    1. On page 43441, in column 3 (``Wage Index'') of Table 8, ``Wage 
Index for Urban Areas Based on CBSA Labor Market Areas'', the entry 
``0.9353'' for CBSA 16180 Carson City, NV is corrected to read 
``1.0003''.
    2. On page 43455, in column 3 (``Wage Index'') of Table 8, ``Wage 
Index for Urban Areas Based on CBSA Labor Market Areas'', the entry 
``1.0959'' for CBSA 39900 Reno-Sparks, NV is corrected to read 
``1.0715''.

[[Page 67653]]

III. 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 notice take effect in accordance with section 553(b) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). However, we 
can waive the notice and comment procedure 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 therefore 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 2008 SNF PPS final rule accurately 
reflects them. Therefore, we believe that undertaking further notice 
and comment procedures to incorporate these corrections into the update 
notice is unnecessary and contrary to the public interest.

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

    Dated: November 19, 2007.
Ann C. Agnew,
Executive Secretary to the Department.
 [FR Doc. E7-23219 Filed 11-29-07; 8:45 am]
BILLING CODE 4120-01-P

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