Medicare and Medicaid Programs; Hospice Conditions of Participation Extension of Timeline for Publication of Final Rule, 30355-30356 [E8-11801]

Agencies

• Centers for Medicare & Medicaid Services
• DEPARTMENT OF HEALTH AND HUMAN SERVICES

[Federal Register Volume 73, Number 102 (Tuesday, May 27, 2008)]
[Proposed Rules]
[Pages 30355-30356]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-11801]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Part 418

[CMS-3844-RCN]
RIN 0938-AH27


Medicare and Medicaid Programs; Hospice Conditions of 
Participation Extension of Timeline for Publication of Final Rule

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

ACTION: Extension of timeline for publication of final rule.

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SUMMARY: This notice announces an extension of the timeline for 
publication of the ``Medicare and Medicaid Programs; Hospice Conditions 
of Participation'' final rule. This notice is issued in accordance with 
section 1871(a)(3)(B) of the Social Security Act (the Act) which 
requires notice be provided in the Federal Register if a final 
regulation, due to exceptional circumstances, will take longer to 
publish than 3 years after the publication date of the proposed rule. 
In this case, the complexity of the rule and scope of comments warrants 
the extension of the timeline for publication.

DATES: Effective Date: This notice is effective on May 27, 2008.

FOR FURTHER INFORMATION CONTACT: Mary Rossi-Coajou, (410) 786-6051, or 
Danielle Shearer, (410) 786-6617.

SUPPLEMENTARY INFORMATION: 

I. Background

    On May 27, 2005, we published in the Federal Register a proposed 
rule (70 FR 30840) that would establish new conditions of participation 
for Medicare-participating hospices. The proposed revisions would focus 
on the care delivered to patients and their families and the outcomes 
of that care by reflecting an interdisciplinary, patient-centered 
approach to care planning and delivery and allowing hospices 
flexibility in meeting quality standards.

II. Notice of Continuation

    This notice announces an extension of the timeline for publication 
of a final rule responding to comments on the above proposed rule. 
Section 1871(a)(3)(B) of the Act requires the Secretary to publish 
final regulations no later than 3 years after the publication date of 
the proposed rule. To meet this 3-year timeframe, the final rule would 
have to be published by May 27, 2008.
    Section 1871(a)(3)(B) also provides that under ``exceptional 
circumstances,'' the Secretary may extend the initial targeted 
publication date of a final regulation. The Secretary is required, 
prior to the regulation's previously established proposed publication 
date, to provide public notice of this extension in the Federal 
Register, including a brief explanation of the justification for the 
variation.
    This notice extends the timeline based on the following exceptional 
circumstances, which we believe, justify such an extension. We are not 
able to

[[Page 30356]]

meet the 3-year timeline for publication of the final rule due to the 
complexity of the rule and the large number of public comments we 
received.
    We received a large volume of timely comments on the proposed rule. 
The commenters presented extremely complex and detailed policy and 
legal issues, which require extensive consultation, review, and 
analysis. Also, the development of the final rule requires 
collaboration among other agencies under the Department of Health and 
Human Services (DHHS). We note that extensive coordination has been 
needed to ensure that these provisions follow guidelines and rules of 
all affected administrative agencies.
    In addition, this final rule is extremely comprehensive because it 
updates and revises policies, some of which were originally established 
in 1983, regarding patient assessment, patient care planning and 
delivery, quality assessment and performance improvement, drug and 
biologicals management, inpatient care facilities, and the role of 
hospice care in long term care facilities. Therefore, the incorporation 
of these updates has required extensive time, outreach, and 
collaboration to ensure that the final rule's provisions are consistent 
with current best practices in the provision of hospice services.
    We believe that an extension of the publication timeline is 
necessary and appropriate to ensure that we are able to address all of 
the comments and issues raised in response to the May 27, 2005 proposed 
rule. Therefore, this notice extends the timeline for publication of 
the final rule until May 27, 2009.

    Authority: Section 1871 of the Social Security Act (42 U.S.C. 
1395hh).

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

    Dated: May 21, 2008.
Ann Agnew,
Executive Secretary to the Department.
[FR Doc. E8-11801 Filed 5-23-08; 8:45 am]
BILLING CODE 4120-01-P