Medicare Program, Physicians' Referrals to Health Care Entities With Which They Have Financial Relationships (Phase III), Correction, 68075-68077 [07-5905]
Download as PDF
<![CDATA[
68075
Federal Register / Vol. 72, No. 232 / Tuesday, December 4, 2007 / Rules and Regulations
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
Reporting and recordkeeping
requirements, Volatile organic
compounds.
10–6.300 under Chapter 6 to read as
follows:
§ 52.1320
I
Dated: November 26, 2007.
William Rice,
Acting Regional Administrator, Region 7.
*
Authority: 42 U.S.C. 7401 et seq.
Subpart AA—Missouri
Chapter I, Title 40 of the Code of
Federal Regulations is amended as
follows:
I
Identification of Plan.
*
*
(c) * * *
*
*
2. In § 52.1320 the table in paragraph
(c) is amended by revising the entry for
I
EPA-APPROVED MISSOURI REGULATIONS
Missouri
citation
State effective
date
Title
EPA approval date
Explanation
Missouri Department of Natural Resources
*
*
*
*
*
*
*
Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of Missouri
*
*
10–6.300 ...................................
*
*
*
*
*
*
Conformity of General Federal Actions to State Implementation Plans.
*
*
*
*
*
[FR Doc. E7–23484 Filed 12–3–07; 8:45 am]
BILLING CODE 6560–50–P
40 CFR Part 300
[EPA–R04–SFUND–2007–0719; FRL–8501–
8]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List
Environmental Protection
Agency.
Direct final notice of deletion of
the Standard Auto Bumper Site from the
National Priorities List; correction.
ACTION:
This document corrects the
direct final notice of deletion of the
Standard Auto Bumper Site from the
National Priorities List, published in the
Federal Register of August 27, 2007.
This correction clarifies that all
Institutional Controls (ICs) are in place
and recorded at the site.
DATES: Effective December 4, 2007.
FOR FURTHER INFORMATION CONTACT:
Michael Taylor, Remedial Project
Manager, Superfund Division, U.S.
Environmental Protection Agency,
sroberts on PROD1PC70 with RULES
SUMMARY:
VerDate Aug<31>2005
18:18 Dec 03, 2007
Jkt 214001
*
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960, Phone:
(404) 562–8762, Electronic Mail:
taylor.michael@epa.gov
Correction
ENVIRONMENTAL PROTECTION
AGENCY
AGENCY:
*
In the direct final notice of deletion
FRL–8458–7, beginning on page 48942
in the issue of August 27, 2007, make
the following correction in the Basis for
Site Deletion section, under Response
Actions. On page 48945 in the second
column, the first paragraph is corrected
to read as follows:
All institutional controls (ICs) are in place
and recorded at the site. All appropriate
Fund-financed response under CERCLA has
been implemented. No further response
action is necessary.
Dated: November 13, 2007.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
[FR Doc. E7–23499 Filed 12–3–07; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
*
9/30/07
*
12/04/07
[insert FR
page number where
the document begins].
*
*
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 411 and 424
[CMS–1810–CN2]
RIN 0938–AK67
Medicare Program, Physicians’
Referrals to Health Care Entities With
Which They Have Financial
Relationships (Phase III), Correction
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Correction of final rule.
AGENCY:
SUMMARY: This document corrects
technical and typographical errors that
appeared in the final rule published in
the Federal Register on September 5,
2007 entitled ‘‘Medicare Program,
Physicians’’ Referrals to Health Care
Entities With Which They Have
Financial Relationships (Phase III).’’
DATES: Effective Date: December 4, 2007.
FOR FURTHER INFORMATION CONTACT: Lisa
Ohrin, (410) 786–4565.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 07–4252 of September 5,
2007 (72 FR 51012), there were a
Frm 00033
Fmt 4700
Sfmt 4700
E:\FR\FM\04DER1.SGM
04DER1
68076
Federal Register / Vol. 72, No. 232 / Tuesday, December 4, 2007 / Rules and Regulations
number of technical and typographical
errors that are identified and corrected
in the Correction of Errors section
below. The provisions of this correction
notice are effective as if they had been
included in the final rule published
September 5, 2007. Accordingly, the
corrections are effective December 4,
2007.
sroberts on PROD1PC70 with RULES
II. Correction of Errors
In FR Doc. 07–4252 of September 5,
2007 (72 FR 51012), make the following
corrections:
A. Corrections to the Preamble
1. On page 51016, 3rd column, 2nd
full paragraph, lines 18 and 19, the
phrase ‘‘productivity bonus or profit
share consistent with the special rules’’
is corrected to read ‘‘productivity bonus
consistent with the special rules’’.
2. On page 51018, 1st column, 3rd full
paragraph, line 11, the phrase ‘‘other
entity.’’ is corrected to read ‘‘other
entity).’’.
3. On page 51019,
a. First column, 1st partial paragraph,
(1) Line 6, the phrase ‘‘proposed
rulemaking, we proposed to’’ is
corrected to read, ‘‘proposed rulemaking
(72 FR 42628), we proposed to’’.
(2) Line 11, the phrase ‘‘ services’, ’’
is corrected to read ‘‘ services,’ ’’.
b. Third column, 1st full paragraph,
line 12 the phrase ‘‘personally refills an
implanted pump ‘‘is corrected to read
‘‘personally refills an implantable
pump’’.
4. On page 51021, 2nd column, 1st
partial paragraph, line 2, the phrase
‘‘requirements of a consultation) are
not’’ is corrected to read ‘‘requirements
of a consultation) is not’’.
5. On page 51024, 3rd column, 1st
partial paragraph, line 46, the phrase
‘‘every 3-years’’ is corrected to read
‘‘every 3 years’’.
6. On page 51025, 2nd column, 2nd
full paragraph, lines 13 and 14, the
phrase ‘‘current 90-days’’ is corrected to
read ‘‘current 90 days’’.
7. On page 51028, 1st column,
a. First full paragraph, lines 21 and
22, the phrase ‘‘such arrangements
would have been analyzed under the
as’’ is corrected to read ‘‘such
arrangements would have been analyzed
as’’.
b. Second full paragraph, line 24, the
phrase ‘‘market value arrangement)
under’’ is corrected to read ‘‘market
value compensation arrangement)
under’’.
8. On page 51032, 3rd column,
a. First full paragraph, line 3, the
phrase ‘‘at least 8 hour’’ is corrected to
read ‘‘at least 8 hours’’.
b. Fifth paragraph, lines 8 and 9, the
phrase ‘‘The in-office ancillary
VerDate Aug<31>2005
18:18 Dec 03, 2007
Jkt 214001
exception’’ is corrected to read ‘‘The inoffice ancillary services exception’’.
9. On page 51033, 2nd column, 1st
full paragraph, lines 11 and 12, the
phrase ‘‘ordering, or by a member of the
group practice when furnished,’’ with
‘‘ordering the DHS, or by a member of
the group practice when the DHS is
furnished,’’.
10. On page 51035, 1st column, 4th
paragraph, line 14, the phrase ‘‘group
practice; or by an entity that is’’ is
corrected to read ‘‘group practice; or an
entity that is’’.
11. On page 51037, 1st column, 1st
partial paragraph, lines 4 and 5, the
phrase ‘‘furnished by the academic
medical center’’ is corrected to read
‘‘furnished by the academic medical
center as the result of a referral from
that physician’’.
12. On page 51043, 1st column, 3rd
full paragraph, lines 4 and 5, the
citation ‘‘(69 FR 16084–81605)’’ is
corrected to read ‘‘(69 FR 16084–
16085)’’.
13. On page 51050, 3rd column, 2nd
full paragraph, lines 4 through 7, the
phrase ‘‘people reside in the ‘‘hole’’ zip
code, the hospital may recruit a
physician to establish a practice into the
‘‘hole’’ zip code.’’ is corrected to read
‘‘inpatients reside in the ‘‘hole’’ zip
code, the hospital may recruit a
physician to establish a practice in the
‘‘hole’’ zip code’’.
14. On page 51055, 1st column, 1st
partial paragraph, line 23, the phrase
‘‘within 6-months’’ is corrected to read
‘‘within 6 months’’.
15. On page 51058,
a. First column, 4th paragraph,
(1) Line 13, the figure ‘‘CY–2005’’ is
corrected to read ‘‘CY 2005’’
(2) Line 14, the phrase ‘‘CY–2006, and
$329 for CY–2007.’’ is corrected to read
‘‘CY 2006, and $329 for CY 2007.’’.
b. Third column, 1st full paragraph,
line 2, the figure ‘‘CY–2007)’’ is
corrected to read ‘‘CY 2007)’’.
16. On page 51062, 3rd column, first
full paragraph,
a. Lines 26 through 32, the phrase
‘‘created by virtue of the ownership
interest that does not meet an
ownership exception (which, thus,
creates a compensation arrangement), in
the chain of relationships that runs:
hospital-radiology venture-physicians.’’
is corrected to read ‘‘created by virtue of
the chain of relationships that runs:
hospital (contracts with) radiology
venture (owned by) physicians.’’
b. Lines 36 through 38, the phrase
‘‘With respect to the second indirect
compensation arrangement, the inquiry
would be whether the compensation’’ is
corrected to read ‘‘The inquiry would be
whether the compensation’’.
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
17. On page 51063, second column,
third full paragraph, line 16, the citation
‘‘§ 411.355(q)’’ is corrected to read
‘‘§ 411.357(q)’’.
18. On page 51064, 1st column, fourth
full paragraph, lines 2 and 3, the phrase
‘‘the entitys bona fide medical staff or in
the entitys local’’ is corrected to read
‘‘the entity’s bona fide medical staff or
in the entity’s local’’.
19. On page 51066, 2nd column, 1st
full paragraph, lines 23 through 28, the
sentence ‘‘(We note that the exception
for retention payments applies to
federally qualified health centers and
rural health clinics in the same manner
as it applies to hospitals.)’’ is corrected
to read ‘‘(We note that the exception for
retention payments applies to
remuneration provided by federally
qualified health centers and rural health
clinics in the same manner as it applies
to remuneration provided by
hospitals.)’’.
20. On page 51068, 1st column, the
section heading ‘‘U. Community-Wide
Health Information System’’ is corrected
to read ‘‘U. Community-Wide Health
Information Systems’’.
B. Corrections to the Regulations Text
1. On page 51087, 3rd column, 3rd
full paragraph, lines 8 through 11, the
phrase ‘‘For purposes of applying the
exceptions in § 411.355 and § 411.357 to
arrangements described in paragraphs
(c)(1)(i) and (c)(2)(i),’’ is corrected to
read ‘‘For purposes of applying the
exceptions in § 411.355 and § 411.357 to
arrangements in which a physician
stands in the shoes of his or her
physician organization,’’.
2. On page 51091, 1st column, 9th full
paragraph, line 5, the phrase ‘‘claims
submission;’’ is corrected to read
‘‘claims submission.’’
3. On page 51093, 2nd column, 9th
full paragraph, lines 2 through 4, the
phrase ‘‘paragraph (e)(1) is also signed
by the party to whom the payments are
directly made.’’ is corrected to read
‘‘paragraph (e)(1) is also signed by the
physician practice.’’
4. On page 51094, 2nd column, 8th
full paragraph, line 5, the phrase
‘‘specifically addressed by another’’ is
corrected to read ‘‘specifically excepted
by another’’.
5. On page 51096, 2nd column,
a. Eleventh paragraph, 1st line, the
phrase ‘‘(C) A certification that the
future’’ is corrected to read ‘‘(C) A
statement that the future’’.
b. Twelfth paragraph, line 2, the
phrase ‘‘anticipates relocating his or
medical’’ is corrected to read
‘‘anticipates relocating his or her
medical’’.
E:\FR\FM\04DER1.SGM
04DER1
Federal Register / Vol. 72, No. 232 / Tuesday, December 4, 2007 / Rules and Regulations
II. Waiver of Proposed Rulemaking and
30-Day Delay in the Effective Date
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
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.
Therefore, for reasons noted below,
we find good cause to waive proposed
rulemaking and the 30-day delayed
effective date for the corrections in this
notice. This notice merely corrects
typographical and technical errors in
the preamble and regulations text of the
September 5, 2007 final rule and does
not make substantive changes to the
policies that were adopted in the final
rule. Therefore, we find that
undertaking further notice and comment
procedures to incorporate these
corrections into the final rule and
delaying the effective date of these
changes is unnecessary and contrary to
the public interest.
Centers for Medicare & Medicaid
Services
(Catalog of Federal Domestic Assistance
Program No. 93.773, Medicare—Hospital
Insurance, and Program No. 93.774,
Medicare—Supplementary Medical
Insurance Program)
Dated: November 27, 2007.
Ann C. Agnew,
Executive Secretary to the Department.
[FR Doc. 07–5905 Filed 11–30–07; 8:45 am]
sroberts on PROD1PC70 with RULES
BILLING CODE 4120–01–P
VerDate Aug<31>2005
18:18 Dec 03, 2007
Jkt 214001
42 CFR Parts 431, 440, and 441
[CMS–2237–IFC]
RIN 0938–AO50
Medicaid Program; Optional State Plan
Case Management Services
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Interim final rule with comment
period.
AGENCY:
SUMMARY: This interim final rule with
comment period revises current
Medicaid regulations to incorporate
changes made by section 6052 of the
Deficit Reduction Act of 2005. In
addition, it incorporates provisions of
the Consolidated Omnibus Budget
Reconciliation Act of 1985, the
Omnibus Budget Reconciliation Act of
1986, the Tax Reform Act of 1986, the
Omnibus Budget Reconciliation Act of
1987, and the Technical and
Miscellaneous Revenue Act of 1988,
concerning case management and
targeted case management services. This
interim final rule with comment period
will provide for optional coverage of
case management services or targeted
case management services furnished
according to section 1905(a)(19) and
section 1915(g) of the Social Security
Act. This interim final rule with
comment period clarifies the situations
in which Medicaid will pay for case
management activities and also clarifies
when payment will not be consistent
with proper and efficient operation of
the Medicaid program, and is not
available.
DATES: Effective Date: The effective date
of this rule is March 3, 2008.
Comment date: To be assured
consideration, comments must be
received at one of the addresses
provided below, no later than 5 p.m. on
February 4, 2008.
ADDRESSES: In commenting, please refer
to file code CMS–2237–IFC. Because of
staff and resource limitations, we cannot
accept comments by facsimile (FAX)
transmission.
You may submit comments in one of
four ways (no duplicates, please):
1. Electronically. You may submit
electronic comments on specific issues
in this regulation to https://
www.cms.hhs.gov/eRulemaking. Click
on the link ‘‘Submit electronic
comments on CMS regulations with an
open comment period.’’ (Attachments
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
68077
should be in Microsoft Word,
WordPerfect, or Excel; however, we
prefer Microsoft Word.)
2. By regular mail. You may mail
written comments (one original and two
copies) to the following address ONLY:
Centers for Medicare & Medicaid
Services, Department of Health and
Human Services, Attention: CMS–2237–
IFC, P.O. Box 8016, Baltimore, MD
21244–8016.
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 (one
original and two copies) to the following
address ONLY: Centers for Medicare &
Medicaid Services, Department of
Health and Human Services, Attention:
CMS–2237–IFC, 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 (one original
and two copies) before the close of the
comment period to one of the following
addresses. If you intend to deliver your
comments to the Baltimore address,
please call telephone number (410) 786–
7195 in advance to schedule your
arrival with one of our staff members.
Room 445–G, Hubert H. Humphrey
Building, 200 Independence Avenue,
SW., Washington, DC 20201; or 7500
Security Boulevard, Baltimore, MD
21244–1850.
(Because access to the interior of the
HHH 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.)
Comments mailed to the addresses
indicated as appropriate for hand or
courier delivery may be delayed and
received after the comment period.
For information on viewing public
comments, see the beginning of the
SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT: Jean
Close, (410) 786–5831.
SUPPLEMENTARY INFORMATION:
Submitting Comments: We welcome
comments from the public on all issues
set forth in this rule to assist us in fully
considering issues and developing
policies. You can assist us by
referencing the file code CMS–2237–IFC
and the specific ‘‘issue identifier’’ that
precedes the section on which you
choose to comment.
E:\FR\FM\04DER1.SGM
04DER1
]]>Agencies
[Federal Register Volume 72, Number 232 (Tuesday, December 4, 2007)]
[Rules and Regulations]
[Pages 68075-68077]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-5905]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 411 and 424
[CMS-1810-CN2]
RIN 0938-AK67
Medicare Program, Physicians' Referrals to Health Care Entities
With Which They Have Financial Relationships (Phase III), Correction
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Correction of final rule.
-----------------------------------------------------------------------
SUMMARY: This document corrects technical and typographical errors that
appeared in the final rule published in the Federal Register on
September 5, 2007 entitled ``Medicare Program, Physicians'' Referrals
to Health Care Entities With Which They Have Financial Relationships
(Phase III).''
DATES: Effective Date: December 4, 2007.
FOR FURTHER INFORMATION CONTACT: Lisa Ohrin, (410) 786-4565.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 07-4252 of September 5, 2007 (72 FR 51012), there were a
[[Page 68076]]
number of technical and typographical errors that are identified and
corrected in the Correction of Errors section below. The provisions of
this correction notice are effective as if they had been included in
the final rule published September 5, 2007. Accordingly, the
corrections are effective December 4, 2007.
II. Correction of Errors
In FR Doc. 07-4252 of September 5, 2007 (72 FR 51012), make the
following corrections:
A. Corrections to the Preamble
1. On page 51016, 3rd column, 2nd full paragraph, lines 18 and 19,
the phrase ``productivity bonus or profit share consistent with the
special rules'' is corrected to read ``productivity bonus consistent
with the special rules''.
2. On page 51018, 1st column, 3rd full paragraph, line 11, the
phrase ``other entity.'' is corrected to read ``other entity).''.
3. On page 51019,
a. First column, 1st partial paragraph,
(1) Line 6, the phrase ``proposed rulemaking, we proposed to'' is
corrected to read, ``proposed rulemaking (72 FR 42628), we proposed
to''.
(2) Line 11, the phrase `` services', '' is corrected to read ``
services,' ''.
b. Third column, 1st full paragraph, line 12 the phrase
``personally refills an implanted pump ``is corrected to read
``personally refills an implantable pump''.
4. On page 51021, 2nd column, 1st partial paragraph, line 2, the
phrase ``requirements of a consultation) are not'' is corrected to read
``requirements of a consultation) is not''.
5. On page 51024, 3rd column, 1st partial paragraph, line 46, the
phrase ``every 3-years'' is corrected to read ``every 3 years''.
6. On page 51025, 2nd column, 2nd full paragraph, lines 13 and 14,
the phrase ``current 90-days'' is corrected to read ``current 90
days''.
7. On page 51028, 1st column,
a. First full paragraph, lines 21 and 22, the phrase ``such
arrangements would have been analyzed under the as'' is corrected to
read ``such arrangements would have been analyzed as''.
b. Second full paragraph, line 24, the phrase ``market value
arrangement) under'' is corrected to read ``market value compensation
arrangement) under''.
8. On page 51032, 3rd column,
a. First full paragraph, line 3, the phrase ``at least 8 hour'' is
corrected to read ``at least 8 hours''.
b. Fifth paragraph, lines 8 and 9, the phrase ``The in-office
ancillary exception'' is corrected to read ``The in-office ancillary
services exception''.
9. On page 51033, 2nd column, 1st full paragraph, lines 11 and 12,
the phrase ``ordering, or by a member of the group practice when
furnished,'' with ``ordering the DHS, or by a member of the group
practice when the DHS is furnished,''.
10. On page 51035, 1st column, 4th paragraph, line 14, the phrase
``group practice; or by an entity that is'' is corrected to read
``group practice; or an entity that is''.
11. On page 51037, 1st column, 1st partial paragraph, lines 4 and
5, the phrase ``furnished by the academic medical center'' is corrected
to read ``furnished by the academic medical center as the result of a
referral from that physician''.
12. On page 51043, 1st column, 3rd full paragraph, lines 4 and 5,
the citation ``(69 FR 16084-81605)'' is corrected to read ``(69 FR
16084-16085)''.
13. On page 51050, 3rd column, 2nd full paragraph, lines 4 through
7, the phrase ``people reside in the ``hole'' zip code, the hospital
may recruit a physician to establish a practice into the ``hole'' zip
code.'' is corrected to read ``inpatients reside in the ``hole'' zip
code, the hospital may recruit a physician to establish a practice in
the ``hole'' zip code''.
14. On page 51055, 1st column, 1st partial paragraph, line 23, the
phrase ``within 6-months'' is corrected to read ``within 6 months''.
15. On page 51058,
a. First column, 4th paragraph,
(1) Line 13, the figure ``CY-2005'' is corrected to read ``CY
2005''
(2) Line 14, the phrase ``CY-2006, and $329 for CY-2007.'' is
corrected to read ``CY 2006, and $329 for CY 2007.''.
b. Third column, 1st full paragraph, line 2, the figure ``CY-
2007)'' is corrected to read ``CY 2007)''.
16. On page 51062, 3rd column, first full paragraph,
a. Lines 26 through 32, the phrase ``created by virtue of the
ownership interest that does not meet an ownership exception (which,
thus, creates a compensation arrangement), in the chain of
relationships that runs: hospital-radiology venture-physicians.'' is
corrected to read ``created by virtue of the chain of relationships
that runs: hospital (contracts with) radiology venture (owned by)
physicians.''
b. Lines 36 through 38, the phrase ``With respect to the second
indirect compensation arrangement, the inquiry would be whether the
compensation'' is corrected to read ``The inquiry would be whether the
compensation''.
17. On page 51063, second column, third full paragraph, line 16,
the citation ``Sec. 411.355(q)'' is corrected to read ``Sec.
411.357(q)''.
18. On page 51064, 1st column, fourth full paragraph, lines 2 and
3, the phrase ``the entitys bona fide medical staff or in the entitys
local'' is corrected to read ``the entity's bona fide medical staff or
in the entity's local''.
19. On page 51066, 2nd column, 1st full paragraph, lines 23 through
28, the sentence ``(We note that the exception for retention payments
applies to federally qualified health centers and rural health clinics
in the same manner as it applies to hospitals.)'' is corrected to read
``(We note that the exception for retention payments applies to
remuneration provided by federally qualified health centers and rural
health clinics in the same manner as it applies to remuneration
provided by hospitals.)''.
20. On page 51068, 1st column, the section heading ``U. Community-
Wide Health Information System'' is corrected to read ``U. Community-
Wide Health Information Systems''.
B. Corrections to the Regulations Text
1. On page 51087, 3rd column, 3rd full paragraph, lines 8 through
11, the phrase ``For purposes of applying the exceptions in Sec.
411.355 and Sec. 411.357 to arrangements described in paragraphs
(c)(1)(i) and (c)(2)(i),'' is corrected to read ``For purposes of
applying the exceptions in Sec. 411.355 and Sec. 411.357 to
arrangements in which a physician stands in the shoes of his or her
physician organization,''.
2. On page 51091, 1st column, 9th full paragraph, line 5, the
phrase ``claims submission;'' is corrected to read ``claims
submission.''
3. On page 51093, 2nd column, 9th full paragraph, lines 2 through
4, the phrase ``paragraph (e)(1) is also signed by the party to whom
the payments are directly made.'' is corrected to read ``paragraph
(e)(1) is also signed by the physician practice.''
4. On page 51094, 2nd column, 8th full paragraph, line 5, the
phrase ``specifically addressed by another'' is corrected to read
``specifically excepted by another''.
5. On page 51096, 2nd column,
a. Eleventh paragraph, 1st line, the phrase ``(C) A certification
that the future'' is corrected to read ``(C) A statement that the
future''.
b. Twelfth paragraph, line 2, the phrase ``anticipates relocating
his or medical'' is corrected to read ``anticipates relocating his or
her medical''.
[[Page 68077]]
II. Waiver of Proposed Rulemaking and 30-Day Delay in the Effective
Date
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.
Therefore, for reasons noted below, we find good cause to waive
proposed rulemaking and the 30-day delayed effective date for the
corrections in this notice. This notice merely corrects typographical
and technical errors in the preamble and regulations text of the
September 5, 2007 final rule and does not make substantive changes to
the policies that were adopted in the final rule. Therefore, we find
that undertaking further notice and comment procedures to incorporate
these corrections into the final rule and delaying the effective date
of these changes 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 27, 2007.
Ann C. Agnew,
Executive Secretary to the Department.
[FR Doc. 07-5905 Filed 11-30-07; 8:45 am]
BILLING CODE 4120-01-P
