Medicare Program; Payment Policies Under the Physician Fee Schedule and Other Revisions to Part B for CY 2009; E-Prescribing Exemption for Computer Generated Facsimile Transmissions; Corrections, 80302-80305 [E8-31027]
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<![CDATA[
80302
Federal Register / Vol. 73, No. 251 / Wednesday, December 31, 2008 / Rules and Regulations
inadvertently omitted: Crambe, meal at
40.0 ppm; crambe, seed at 35.0 ppm;
cuphea, seed at 35.0 ppm; echium, seed
at 35.0 ppm; gold of pleasure, meal at
40.0 ppm; gold of pleasure, seed at 35.0
ppm; hare’s ear mustard, seed at 35.0
ppm; lesquerella, seed at 35.0 ppm;
lunaria, seed at 35.0 ppm; meadowfoam,
seed at 35.0 ppm; milkweed, seed at
35.0 ppm; mustard, seed at 35.0 ppm;
oil radish, seed at 35.0 ppm; poppy,
seed at 35.0 ppm; sesame, seed at 35.0
ppm; and sweet rocket, seed at 35.0
ppm. (These oil seed commodity
tolerances for sethoxydim were
published in the Federal Register of
July 9, 2008 (73 FR 39256) (FRL–8370–
9). When EPA published the September
17, 2008 (73 FR 53732), final rule
pertaining to sethoxydim tolerances for
other commodities, the amendatory
language in the final rule mistakenly
omitted the tolerances finalized on July
9, 2008, rather than adding to them, as
had been intended. EPA has not
proposed revoking these tolerances.
This technical amendment corrects that
error).
III. Why is this Amendment Issued as
a Final Rule?
Section 553 of the Administrative
Procedure Act (APA), 5 U.S.C.
553(b)(B), provides that, when an
Agency for good cause finds that notice
and public procedure are impracticable,
unnecessary or contrary to the public
interest, the Agency may issue a final
rule without providing notice and an
opportunity for public comment. EPA
has determined that there is good cause
for making today’s technical
amendment final without prior proposal
and opportunity for comment, because
the erroneous changes being corrected
were the result of clerical error, and
were neither proposed nor commented
upon. Notice and comment is therefore
unnecessary.
pwalker on PROD1PC71 with RULES
IV. Do Any of the Statutory and
Executive Order Reviews Apply to this
Action?
No. This action only corrects
typographical omissions and errors for a
previously published final rule and does
not impose any new requirements.
EPA’s compliance with the statues and
Executive Orders for the underlying rule
is discussed in Unit VI. of the final rule
published September 17, 2008 (73 FR
53732).
V. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
Agency promulgating the rule must
submit a rule report to each House of
VerDate Aug<31>2005
16:52 Dec 30, 2008
Jkt 217001
the Congress and to the Comptroller
General of the United States. EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of this final rule in the
Federal Register. This final rule is not
a ‘‘major rule’’ as defined by 5 U.S.C.
804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: December 22, 2008.
Debra Edwards,
Director, Office of Pesticide Programs.
Parts per
million
Commodity
*
*
*
*
Lesquerella, seed .....................
*
*
*
*
Lunaria, seed ............................
Meadowfoam, seed ..................
*
*
*
*
Milkweed, seed .........................
Mustard, seed ...........................
*
*
*
*
Oil radish, seed ........................
*
*
*
*
Poppy, seed ..............................
*
*
*
*
Sesame, seed ...........................
*
*
*
*
Sweet rocket, seed ...................
*
*
*
*
*
*
*
*
*
35.0
*
35.0
35.0
*
35.0
35.0
*
35.0
*
35.0
*
35.0
*
35.0
*
*
[FR Doc. E8–31010 Filed 12–30–08; 8:45 am]
BILLING CODE 6560–50–S
Therefore, 40 CFR part 180 is
amended as follows:
■
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Section 180.185 is amended by
revising the entry for ‘‘Vegetable,
brassica, leafy, group 5’’ in the table in
paragraph (a) to read as follows:
■
§ 180.185
DCPA; tolerances for residues.
(a) General. * * *
*
*
*
*
Vegetable, brassica, leafy,
group 5 ..................................
*
*
*
*
*
*
*
*
*
*
3. Section 180.412 is amended by
alphabetically adding the following
commodities to the table in paragraph
(a) to read as follows:
■
§ 180.412 Sethoxydim; tolerances for
residues.
(a) General. * * *
Parts per
million
Commodity
*
*
*
*
Crambe, meal ...........................
Crambe, seed ...........................
*
*
*
*
Cuphea, seed ...........................
*
*
*
*
Echium, seed ............................
*
*
*
*
Gold of pleasure, meal .............
Gold of pleasure, seed .............
*
*
*
*
Hare’s ear mustard, seed .........
Fmt 4700
[CMS–1403–CN2]
RIN 0938–AP18
Medicare Program; Payment Policies
Under the Physician Fee Schedule and
Other Revisions to Part B for CY 2009;
E-Prescribing Exemption for Computer
Generated Facsimile Transmissions;
5.0 Corrections
*
Frm 00008
42 CFR Parts 405, 409, 410, 411, 413,
414, 415, 423, 424, 485, 486, and 489
Parts per
million
Commodity
PO 00000
Centers for Medicare & Medicaid
Services
Sfmt 4700
*
40.0
35.0
*
35.0
*
35.0
*
40.0
35.0
*
35.0
AGENCY: Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Correction of final rule with
comment period.
SUMMARY: This document corrects
several technical and typographical
errors in the final rule with comment
period that appeared in the November
19, 2008 Federal Register entitled
‘‘Medicare Program; Payment Policies
Under the Physician Fee Schedule and
Other Revisions to Part B for CY 2009;
E-Prescribing Exemption for ComputerGenerated Facsimile Transmissions; and
Payment for Certain Durable Medical
Equipment, Prosthetics, Orthotics, and
Supplies (DMEPOS); Final Rule’’ (73 FR
69726).
DATES: Effective Date: This correction
notice is effective January 1, 2009.
FOR FURTHER INFORMATION CONTACT:
Diane Milstead, (410) 786–3355.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 73, No. 251 / Wednesday, December 31, 2008 / Rules and Regulations
I. Background
In FR Doc. E8–26213 of November 19,
2008 (73 FR 69726) (hereinafter referred
to as the CY 2009 PFS final rule with
comment period), there were a number
of technical and typographical errors
that are identified and corrected in the
Correction of Errors section of this
notice. The provisions of this notice are
effective as if they had been included in
the CY 2009 PFS final rule with
comment period. Accordingly, the
corrections are effective January 1, 2009.
II. Summary of Errors
A. Errors in the Preamble
On pages 69738 and 69739, we are
correcting a typographical error in the
discussion concerning submission of
information for supply and equipment
items. In addition, in Table 2, we are
correcting the reference to a code
number that appears in that table, as
well as typographical errors that appear
in the footnotes for Tables 2 and 3. We
are also correcting the reference to two
code numbers that appear in Table 5.
On pages 69764, 69765, 69801, 69856,
69867, 69868, and 69869, we are
correcting typographical errors.
On page 69857, we are deleting a
sentence which refers incorrectly to a
revision to the regulation.
On page 69866, we are adding a
footnote that was referenced but
inadvertently not included.
On page 69899, we are adding CPT
78414 to our summary of deleted codes.
This code does not involve imaging and,
therefore, should not be included in the
category of ‘‘Radiology and Certain
Other Imaging Services.’’
On page 69900, Table 30, we are
adding two codes to the list of deletions.
Under the heading of ‘‘Clinical
Laboratory Services,’’ we are adding
HCPCS code G0394 and its short
descriptor because this code will be
terminated December 31, 2008. Under
the heading of ‘‘Radiology and Certain
Other Imaging Services,’’ we are adding
in numerical order CPT code 78414 and
its short descriptor.
B. Errors in the Regulations Text
The regulations text contained minor
typographical and technical errors;
therefore, we are not summarizing the
individual errors in this section.
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C. Errors in the Addenda
On pages 69956, 70007, 70024, 70051,
70088, and 70122 of Addendum B,
Relative Value Units and Related
Information Used in Determining
Medicare Payments for 2009, the PE
RVUs listed for CPT codes 20697,
37205, 37206, 47525 and 76775–26 are
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16:52 Dec 30, 2008
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corrected. In addition the global periods
for the CPT codes 47525, 63650, 63685,
63688, and 93352 are corrected.
On pages 70147, 70148, 70149 and
70151 of Addendum C, Codes with
Interim RVUs, the PE RVUS listed for
CPT code 26097 are corrected and the
global period for CPT codes 47525,
63650, 63685, 63688, and 93352 are
corrected.
On page 70215, Addendum J, we are
deleting HCPCS code G0394 and its
short descriptor.
On page 70226, Addendum J, we are
deleting CPT 78414 and its short
descriptor.
III. Correction of Errors
A. Corrections to the Preamble
1. On page 69738:
a. In the 1st column, in the 1st partial
paragraph, line 2, the phrase ‘‘items for
some each of the’’ is corrected to read
‘‘items for some of the’’.
b. In Table 2, Supply Items Needing
Specialty Input for Pricing, in column 6,
lines 1 and 2, the CPT code ‘‘50395’’ is
corrected to read ‘‘50593’’.
c. In the footnote to Table 2, line 5,
the phrase ‘‘In these instances only’’ is
corrected to read ‘‘In instances where
only’’.
2. On page 69739:
a. In the footnote to Table 3, line 5,
the phrase ‘‘In these instances only’’ is
corrected to read ‘‘In instances where
only’’.
b. In the footnote to Table 3, line 15
(item B.), the phrase ‘‘ No/insufficient
received.’’ is corrected to read ‘‘No/
Insufficient information received.’’
c. In Table 5, in the 5th column, line
2, the CPT codes ‘‘93693 and 93696’’ are
corrected to read ‘‘93293 and 93296’’.
3. On page 69764, in the 3rd column,
1st full paragraph:
a. Lines 1 and 2, the sentence ‘‘We
disagree with the commenter.’’ is
removed.
b. Line 5, the phrase ‘‘imaging
services’’ is corrected to read ‘‘testing
services.’’
4. On page 69765, in the 1st column:
a. In the 1st paragraph, line 2, the
phrase ‘‘commenters’ concerns and we’’
is corrected to read ‘‘commenters’
concerns, but we.’’
b. In the 5th paragraph, the phrase
‘‘commenters’ concerns and we’’ is
corrected to read ‘‘commenters’
concerns, but we.’’
5. On page 69801, in the 1st column,
in the 2nd full paragraph, line 40, the
phrase ‘‘PC be an employee or
independent’’ is corrected to read ‘‘PC
be an owner, employee, or
independent’’.
6. On page 69856, in the 2nd column,
in the 1st partial paragraph, line 8, the
PO 00000
Frm 00009
Fmt 4700
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80303
phrase ‘‘beneficiaries who’s OSA’’ is
corrected to read ‘‘beneficiaries whose
OSA’’.
7. On page 69857, in the 1st column,
in the 2nd full paragraph, lines 7
through 11, the sentence ‘‘In addition,
we are adding a new paragraph (g),
which would create an exception to the
prohibition contained in (f) if the sleep
test is an attended facility-based PSG.’’
is deleted.
8. On page 69866, in the 3rd column:
a. In the 1st partial paragraph, line 12,
the footnote annotation ‘‘2’’ is corrected
to read ‘‘2A’’.
b. In the footnotes, the following
footnote is added in numerical order
‘‘2A Dartmouth Atlas of Healthcare. 2005
Medicare reimbursement figures derived
from Hospital Service Area (HSA).’’
9. On page 69867, in the 2nd column,
in the 3rd full paragraph, lines 15 and
16, the phrase ‘‘high cost, of a high
volume,’’ is corrected to read ‘‘high cost,
high volume,’’.
10. On page 69868:
a. In the 2nd column, in the 1st partial
paragraph, line 16, the phrase
‘‘approach to data for Phase 1,’’ is
corrected to read ‘‘approach used for
Phase 1,’’.
b. In the 2nd column, in the 1st full
paragraph, line 6, the phrase ‘‘high cost,
a high volume,’’ is corrected to read
‘‘high cost, high volume,’’.
c. In the 3rd column, in the 1st
paragraph, lines 22 through 23, the
phrase ‘‘data was available’’ is corrected
to read ‘‘data were not available’’.
11. On page 69869, in the 1st column:
a. In the 1st partial paragraph, lines 7
through 8, the phrase ‘‘In addition, to
including’’ is corrected to read ‘‘In
addition to including’’.
b. In the 2nd full paragraph, line 3,
the phrase ‘‘ of the program as’’ is
corrected to read ‘‘of the program, as’’.
12. On page 69899, in the 3rd column,
in the 3rd paragraph, lines 5 and 6, the
phrase ‘‘CPT codes 78000, 78001, and
78003’’ is corrected to read ‘‘CPT codes
78000, 78001, 78003, and 78414’’.
13. On page 69900, in the 1st column,
Table 30: Deletions to the Physician
Self-Referral List of CPT1/HCPCS Codes:
a. Under the heading of ‘‘Clinical
Laboratory Services,’’ HCPCS code
G0394 and its short descriptor are added
as the last entry to read as follows:
CLINICAL LABORATORY SERVICES
G0394 ..........
Blood occult test, colorectal.
b. Under the heading of ‘‘Radiology
and Certain Other Imaging Services,’’
CPT code 78414 and its short descriptor
are added in numerical order to read as
follows:
E:\FR\FM\31DER1.SGM
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80304
Federal Register / Vol. 73, No. 251 / Wednesday, December 31, 2008 / Rules and Regulations
RADIOLOGY AND CERTAIN OTHER
IMAGING SERVICES
78414 ...........
Non-imaging heart function.
B. Corrections to the Regulation Text
1. On page 69933, in § 410.33:
a. In paragraph (g)(16), the phrase
‘‘imaging services’’ is corrected to read
‘‘testing services’’.
b. In paragraph (g)(17), the phrase
‘‘part of a hospital service provided
under arrangement with that hospital’’
is corrected to read ‘‘part of a service
provided under arrangement as
described in section 1861(w)(1) of the
Act’’.
2. On page 69934, in § 411.15, in
paragraph (p)(2)(xii), the phrase
‘‘paragraphs (k)(15)(i) thorugh (vi) of
this section’’ is corrected to read
CPT 1/
HCPCS
20697
37205
37206
47525
63650
63685
63688
76775
93352
..
..
..
..
..
..
..
..
..
Mod
Status
............
............
............
............
............
............
............
26
............
A
A
A
A
A
A
A
A
A
20697
47525
63650
63685
63688
93352
..
..
..
..
..
..
Mod
Comp ext fixate strut change ..
Transcath iv stent, percut ........
Transcath iv stent/perc addl ....
Change bile duct catheter .......
Implant neuroelectrodes ..........
Insrt/redo spine n generator ....
Revise/remove neuroreceiver ..
Us exam abdo back wall, lim ..
Admin ecg contrast agent ........
Status
............
............
............
............
............
............
A
A
A
A
A
A
pwalker on PROD1PC71 with RULES
0.00
8.27
4.12
1.54
7.15
6.00
5.25
0.58
0.19
Physician
work
RVUs 2
Comp ext fixate strut change ..
Change bile duct catheter .......
Implant neuroelectrodes ..........
Insrt/redo spine n generator ....
Revise/remove neuroreceiver ..
Admin ecg contrast agent ........
III. Waiver of Proposed Rulemaking
and Delay in Effective Date
We ordinarily publish a notice of
proposed rulemaking in the Federal
Register to provide a period for public
16:52 Dec 30, 2008
Jkt 217001
Fully
implemented
nonfacility
PE
RVUs 2
33.08
105.15
64.26
10.90
NA
NA
NA
0.23
0.84
Year
2009
transitional
nonfacility
PE
RVUs 2
33.08
105.15
64.26
11.98
NA
NA
NA
0.23
0.84
d. Paragraph (e)(1)(i)(A)(1) is
redesignated to (e)(5)(i)(A).
e. Paragraph (e)(1)(i)(A)(2) is
redesignated to (e)(5)(i)(B).
f. Paragraph (e)(1)(i)(B) is redesignated
to (e)(5)(ii).
g. Paragraph (e)(1)(i)(B)(1) is
redesignated to (e)(5)(ii)(A).
h. Paragraph (e)(1)(i)(B)(2) is
redesignated to (e)(5)(ii)(B).
6. On page 69940, in § 424.516, in
paragraph (e)(1), the phrase ‘‘ownership,
including’’ is corrected to read
‘‘ownership or control, including’’.
C. Corrections to the Addenda
1. On pages 69956, 70007, 70024,
70051, 70088, and 70122, Addendum B:
Relative Value Units and Related
Information Used in Determining
Medicare Payments for 2009, the
following CPT codes are corrected to
read as follows:
Year
2009
transitional
facility
PE
RVUs 2
Fully
implemented
facility
PE
RVUs 2
NA
3.35
1.62
0.86
2.71
2.90
2.88
0.23
NA
NA
3.46
1.58
1.35
2.83
3.22
3.05
0.23
NA
Malpractice
RVUs 2
0.01
0.60
0.31
0.33
0.53
1.05
0.89
0.03
0.04
Global
000
000
ZZZ
000
010
010
010
XXX
ZZZ
Interim RVUs, the following CPT codes
are corrected to read as follows:
Description
3. On page 70215, in Addendum J, the
entry for HCPCS code G0394 and its
short descriptor are removed.
4. On page 70226, in Addendum J, the
entry for CPT code 78414 and its short
descriptor are removed.
VerDate Aug<31>2005
Physician
work
RVUs 2
Description
2. On pages 70147, 70148, 70149 and
70151, Addendum C: Codes with
CPT 1/
HCPCS
‘‘subparagraphs (p)(2)(i) through (vi) of
this section’’.
3. On page 69936, in § 414.210, in
amendatory instruction #26, the
statement ‘‘E. Adding paragraph
(e)(3)(iv).’’ is added in alphabetical
order.
4. On page 69937, in § 414.904,
amendatory instruction #31 is revised to
read
‘‘Section 414.904 is amended by—
a. Revising paragraphs (b)(2), (c)(2),
and (d)(3).
b. Adding paragraph (e)(5).
The revisions and addition read as
follows:’’.
5. On page 69938, in § 414.904:
a. In paragraph (e), the text ‘‘(1)
* * *’’ is removed.
b. Paragraph (e)(1)(i) is redesignated
to (e)(5).
c. Paragraph (e)(1)(i)(A) is
redesignated to (e)(5)(i).
Fully
implemented
nonfacility
PE
RVUs 2
0.00
1.54
7.15
6.00
5.25
0.19
33.08
10.90
NA
NA
NA
0.84
Year
2009
transitional
nonfacility
PE
RVUs 2
33.08
11.98
NA
NA
NA
0.84
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 the 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 for it in the
rule.
PO 00000
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Fmt 4700
Sfmt 4700
Year
2009
transitional
facility
PE
RVUs 2
Fully
implemented
facility
PE
RVUs 2
NA
0.86
2.71
2.90
2.88
NA
NA
1.35
2.83
3.22
3.05
NA
Malpractice
RVUs 2
0.01
0.33
0.53
1.05
0.89
0.04
Global
000
000
010
010
010
ZZZ
Section 553(d) of the APA ordinarily
requires a 30-day delay in the effective
date of final rules after the date of their
publication. 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.
E:\FR\FM\31DER1.SGM
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Federal Register / Vol. 73, No. 251 / Wednesday, December 31, 2008 / Rules and Regulations
This document merely corrects
typographical and technical errors made
in FR Doc. E8–26213, the CY 2009 PFS
final rule with comment period, which
appeared in the November 19, 2009
Federal Register (73 FR 69726), and is
(with limited exceptions not relevant to
these corrections, but noted in the rule),
effective January 1, 2009. The
provisions of the final rule with
comment period have been subjected
previously to notice and comment
procedures. The corrections contained
in this document are consistent with,
and do not make substantive changes to,
the payment methodologies and policies
adopted in the CY 2009 PFS final rule
with comment period. As such, these
corrections are being made to ensure the
CY 2009 PFS final rule with comment
period accurately reflects the policies
adopted in that rule. We find, therefore,
for good cause that it is unnecessary and
would be contrary to the public interest
to undertake further notice and
comment procedures to incorporate
these corrections into the CY 2009 PFS
final rule with comment period.
For the same reasons, we are also
waiving the 30-day delay in effective
date for these corrections. We believe
that it is in the public interest to ensure
that the CY 2009 PFS final rule with
comment period accurately states our
policies as of the date they take effect.
Therefore, we find that delaying the
effective date of these corrections
beyond the effective date of the final
rule with comment period would be
contrary to the public interest. In so
doing, we find good cause to waive the
30-day delay in the effective date.
Authority: (Catalog of Federal Domestic
Assistance Program No. 93.774, Medicare—
Supplementary Medical Insurance Program)
Dated: December 22, 2008.
Ann C. Agnew,
Executive Secretary to the Department.
[FR Doc. E8–31027 Filed 12–30–08; 8:45 am]
BILLING CODE 4120–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 08–2722; MB Docket No. 08–100; RM–
11437]
pwalker on PROD1PC71 with RULES
Television Broadcasting Services;
Columbus, GA
License Subsidiary, LLC, the permittee
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substitute DTV channel 11 for posttransition DTV channel 9 at Columbus,
Georgia.
DATES:
VerDate Aug<31>2005
16:52 Dec 30, 2008
Jkt 217001
1. The authority citation for part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 303, 334, 336.
2009.
§ 73.622
FOR FURTHER INFORMATION CONTACT:
■
Shaun A. Maher, Media Bureau, (202)
418–1600.
This is a
synopsis of the Commission’s Report
and Order, MB Docket No. 08–100,
adopted December 17, 2008, and
released December 18, 2008. The full
text of this document is available for
public inspection and copying during
normal business hours in the FCC’s
Reference Information Center at Portals
II, CY–A257, 445 12th Street, SW.,
Washington, DC, 20554. This document
will also be available via ECFS (https://
www.fcc.gov/cgb/ecfs/). (Documents
will be available electronically in ASCII,
Word 97, and/or Adobe Acrobat.) This
document may be purchased from the
Commission’s duplicating contractor,
Best Copy and Printing, Inc., 445 12th
Street, SW., Room CY–B402,
Washington, DC 20554, telephone
1–800–478–3160 or via e-mail https://
www.BCPIWEB.com. To request this
document in accessible formats
(computer diskettes, large print, audio
recording, and Braille), send an e-mail
to fcc504@fcc.gov or call the
Commission’s Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY). This document does not contain
information collection requirements
subject to the Paperwork Reduction Act
of 1995, Public Law 104–13. In addition,
therefore, it does not contain any
information collection burden ‘‘for
small business concerns with fewer than
25 employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4). Provisions of the Regulatory
Flexibility Act of 1980 do not apply to
this proceeding.
The Commission will send a copy of
this Report and Order in a report to be
sent to Congress and the Government
Accountability Office pursuant to the
Congressional review Act, see 5 U.S.C.
801(a)(1)(A).
SUPPLEMENTARY INFORMATION:
AGENCY:
Television, Television broadcasting.
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 73 as
follows:
■
SUMMARY: The Commission grants a
petition for rulemaking filed by WTVM
PART 73—RADIO BROADCAST
SERVICES
This rule is effective January 30,
List of Subjects in 47 CFR Part 73
Federal Communications
Commission.
ACTION: Final rule.
80305
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
[Amended]
2. Section 73.622(i), the PostTransition Table of DTV Allotments
under Georgia, is amended by adding
DTV channel 11 and removing DTV
channel 9 at Columbus.
Federal Communications Commission.
Barbara A. Kreisman,
Chief, Video Division, Media Bureau.
[FR Doc. E8–31005 Filed 12–30–08; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 08–2723; MB Docket No. 08–103; RM–
11441]
Television Broadcasting Services;
Augusta, GA
AGENCY: Federal Communications
Commission.
ACTION: Final rule.
SUMMARY: The Commission grants a
petition for rulemaking filed by Media
Holdings, Inc., permittee of station
WFXG–DT, to substitute DTV channel
31 for its assigned post-transition DTV
channel 51 at Augusta, Georgia.
DATES: This rule is effective January 30,
2009.
FOR FURTHER INFORMATION CONTACT:
Shaun A. Maher, Media Bureau, (202)
418–1600.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Report
and Order, MB Docket No. 08–103,
adopted December 17, 2008, and
released December 18, 2008. The full
text of this document is available for
public inspection and copying during
normal business hours in the FCC’s
Reference Information Center at Portals
II, CY–A257, 445 12th Street, SW.,
Washington, DC, 20554. This document
will also be available via ECFS (https://
www.fcc.gov/cgb/ecfs/). (Documents
will be available electronically in ASCII,
Word 97, and/or Adobe Acrobat.) This
document may be purchased from the
Commission’s duplicating contractor,
Best Copy and Printing, Inc., 445 12th
Street, SW., Room CY–B402,
Washington, DC 20554, telephone
1–800–478–3160 or via e-mail https://
www.BCPIWEB.com. To request this
document in accessible formats
E:\FR\FM\31DER1.SGM
31DER1
]]>Agencies
[Federal Register Volume 73, Number 251 (Wednesday, December 31, 2008)]
[Rules and Regulations]
[Pages 80302-80305]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-31027]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 405, 409, 410, 411, 413, 414, 415, 423, 424, 485, 486,
and 489
[CMS-1403-CN2]
RIN 0938-AP18
Medicare Program; Payment Policies Under the Physician Fee
Schedule and Other Revisions to Part B for CY 2009; E-Prescribing
Exemption for Computer Generated Facsimile Transmissions; Corrections
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Correction of final rule with comment period.
-----------------------------------------------------------------------
SUMMARY: This document corrects several technical and typographical
errors in the final rule with comment period that appeared in the
November 19, 2008 Federal Register entitled ``Medicare Program; Payment
Policies Under the Physician Fee Schedule and Other Revisions to Part B
for CY 2009; E-Prescribing Exemption for Computer-Generated Facsimile
Transmissions; and Payment for Certain Durable Medical Equipment,
Prosthetics, Orthotics, and Supplies (DMEPOS); Final Rule'' (73 FR
69726).
DATES: Effective Date: This correction notice is effective January 1,
2009.
FOR FURTHER INFORMATION CONTACT: Diane Milstead, (410) 786-3355.
SUPPLEMENTARY INFORMATION:
[[Page 80303]]
I. Background
In FR Doc. E8-26213 of November 19, 2008 (73 FR 69726) (hereinafter
referred to as the CY 2009 PFS final rule with comment period), there
were a number of technical and typographical errors that are identified
and corrected in the Correction of Errors section of this notice. The
provisions of this notice are effective as if they had been included in
the CY 2009 PFS final rule with comment period. Accordingly, the
corrections are effective January 1, 2009.
II. Summary of Errors
A. Errors in the Preamble
On pages 69738 and 69739, we are correcting a typographical error
in the discussion concerning submission of information for supply and
equipment items. In addition, in Table 2, we are correcting the
reference to a code number that appears in that table, as well as
typographical errors that appear in the footnotes for Tables 2 and 3.
We are also correcting the reference to two code numbers that appear in
Table 5.
On pages 69764, 69765, 69801, 69856, 69867, 69868, and 69869, we
are correcting typographical errors.
On page 69857, we are deleting a sentence which refers incorrectly
to a revision to the regulation.
On page 69866, we are adding a footnote that was referenced but
inadvertently not included.
On page 69899, we are adding CPT 78414 to our summary of deleted
codes. This code does not involve imaging and, therefore, should not be
included in the category of ``Radiology and Certain Other Imaging
Services.''
On page 69900, Table 30, we are adding two codes to the list of
deletions. Under the heading of ``Clinical Laboratory Services,'' we
are adding HCPCS code G0394 and its short descriptor because this code
will be terminated December 31, 2008. Under the heading of ``Radiology
and Certain Other Imaging Services,'' we are adding in numerical order
CPT code 78414 and its short descriptor.
B. Errors in the Regulations Text
The regulations text contained minor typographical and technical
errors; therefore, we are not summarizing the individual errors in this
section.
C. Errors in the Addenda
On pages 69956, 70007, 70024, 70051, 70088, and 70122 of Addendum
B, Relative Value Units and Related Information Used in Determining
Medicare Payments for 2009, the PE RVUs listed for CPT codes 20697,
37205, 37206, 47525 and 76775-26 are corrected. In addition the global
periods for the CPT codes 47525, 63650, 63685, 63688, and 93352 are
corrected.
On pages 70147, 70148, 70149 and 70151 of Addendum C, Codes with
Interim RVUs, the PE RVUS listed for CPT code 26097 are corrected and
the global period for CPT codes 47525, 63650, 63685, 63688, and 93352
are corrected.
On page 70215, Addendum J, we are deleting HCPCS code G0394 and its
short descriptor.
On page 70226, Addendum J, we are deleting CPT 78414 and its short
descriptor.
III. Correction of Errors
A. Corrections to the Preamble
1. On page 69738:
a. In the 1st column, in the 1st partial paragraph, line 2, the
phrase ``items for some each of the'' is corrected to read ``items for
some of the''.
b. In Table 2, Supply Items Needing Specialty Input for Pricing, in
column 6, lines 1 and 2, the CPT code ``50395'' is corrected to read
``50593''.
c. In the footnote to Table 2, line 5, the phrase ``In these
instances only'' is corrected to read ``In instances where only''.
2. On page 69739:
a. In the footnote to Table 3, line 5, the phrase ``In these
instances only'' is corrected to read ``In instances where only''.
b. In the footnote to Table 3, line 15 (item B.), the phrase `` No/
insufficient received.'' is corrected to read ``No/Insufficient
information received.''
c. In Table 5, in the 5th column, line 2, the CPT codes ``93693 and
93696'' are corrected to read ``93293 and 93296''.
3. On page 69764, in the 3rd column, 1st full paragraph:
a. Lines 1 and 2, the sentence ``We disagree with the commenter.''
is removed.
b. Line 5, the phrase ``imaging services'' is corrected to read
``testing services.''
4. On page 69765, in the 1st column:
a. In the 1st paragraph, line 2, the phrase ``commenters' concerns
and we'' is corrected to read ``commenters' concerns, but we.''
b. In the 5th paragraph, the phrase ``commenters' concerns and we''
is corrected to read ``commenters' concerns, but we.''
5. On page 69801, in the 1st column, in the 2nd full paragraph,
line 40, the phrase ``PC be an employee or independent'' is corrected
to read ``PC be an owner, employee, or independent''.
6. On page 69856, in the 2nd column, in the 1st partial paragraph,
line 8, the phrase ``beneficiaries who's OSA'' is corrected to read
``beneficiaries whose OSA''.
7. On page 69857, in the 1st column, in the 2nd full paragraph,
lines 7 through 11, the sentence ``In addition, we are adding a new
paragraph (g), which would create an exception to the prohibition
contained in (f) if the sleep test is an attended facility-based PSG.''
is deleted.
8. On page 69866, in the 3rd column:
a. In the 1st partial paragraph, line 12, the footnote annotation
``2'' is corrected to read ``2A''.
b. In the footnotes, the following footnote is added in numerical
order ``\2A\ Dartmouth Atlas of Healthcare. 2005 Medicare reimbursement
figures derived from Hospital Service Area (HSA).''
9. On page 69867, in the 2nd column, in the 3rd full paragraph,
lines 15 and 16, the phrase ``high cost, of a high volume,'' is
corrected to read ``high cost, high volume,''.
10. On page 69868:
a. In the 2nd column, in the 1st partial paragraph, line 16, the
phrase ``approach to data for Phase 1,'' is corrected to read
``approach used for Phase 1,''.
b. In the 2nd column, in the 1st full paragraph, line 6, the phrase
``high cost, a high volume,'' is corrected to read ``high cost, high
volume,''.
c. In the 3rd column, in the 1st paragraph, lines 22 through 23,
the phrase ``data was available'' is corrected to read ``data were not
available''.
11. On page 69869, in the 1st column:
a. In the 1st partial paragraph, lines 7 through 8, the phrase ``In
addition, to including'' is corrected to read ``In addition to
including''.
b. In the 2nd full paragraph, line 3, the phrase `` of the program
as'' is corrected to read ``of the program, as''.
12. On page 69899, in the 3rd column, in the 3rd paragraph, lines 5
and 6, the phrase ``CPT codes 78000, 78001, and 78003'' is corrected to
read ``CPT codes 78000, 78001, 78003, and 78414''.
13. On page 69900, in the 1st column, Table 30: Deletions to the
Physician Self-Referral List of CPT\1\/HCPCS Codes:
a. Under the heading of ``Clinical Laboratory Services,'' HCPCS
code G0394 and its short descriptor are added as the last entry to read
as follows:
Clinical Laboratory Services
------------------------------------------------------------------------
------------------------------------------------------------------------
G0394............................ Blood occult test, colorectal.
------------------------------------------------------------------------
b. Under the heading of ``Radiology and Certain Other Imaging
Services,'' CPT code 78414 and its short descriptor are added in
numerical order to read as follows:
[[Page 80304]]
Radiology and Certain Other Imaging Services
------------------------------------------------------------------------
------------------------------------------------------------------------
78414............................ Non-imaging heart function.
------------------------------------------------------------------------
B. Corrections to the Regulation Text
1. On page 69933, in Sec. 410.33:
a. In paragraph (g)(16), the phrase ``imaging services'' is
corrected to read ``testing services''.
b. In paragraph (g)(17), the phrase ``part of a hospital service
provided under arrangement with that hospital'' is corrected to read
``part of a service provided under arrangement as described in section
1861(w)(1) of the Act''.
2. On page 69934, in Sec. 411.15, in paragraph (p)(2)(xii), the
phrase ``paragraphs (k)(15)(i) thorugh (vi) of this section'' is
corrected to read ``subparagraphs (p)(2)(i) through (vi) of this
section''.
3. On page 69936, in Sec. 414.210, in amendatory instruction
26, the statement ``E. Adding paragraph (e)(3)(iv).'' is added
in alphabetical order.
4. On page 69937, in Sec. 414.904, amendatory instruction
31 is revised to read
``Section 414.904 is amended by--
a. Revising paragraphs (b)(2), (c)(2), and (d)(3).
b. Adding paragraph (e)(5).
The revisions and addition read as follows:''.
5. On page 69938, in Sec. 414.904:
a. In paragraph (e), the text ``(1) * * *'' is removed.
b. Paragraph (e)(1)(i) is redesignated to (e)(5).
c. Paragraph (e)(1)(i)(A) is redesignated to (e)(5)(i).
d. Paragraph (e)(1)(i)(A)(1) is redesignated to (e)(5)(i)(A).
e. Paragraph (e)(1)(i)(A)(2) is redesignated to (e)(5)(i)(B).
f. Paragraph (e)(1)(i)(B) is redesignated to (e)(5)(ii).
g. Paragraph (e)(1)(i)(B)(1) is redesignated to (e)(5)(ii)(A).
h. Paragraph (e)(1)(i)(B)(2) is redesignated to (e)(5)(ii)(B).
6. On page 69940, in Sec. 424.516, in paragraph (e)(1), the phrase
``ownership, including'' is corrected to read ``ownership or control,
including''.
C. Corrections to the Addenda
1. On pages 69956, 70007, 70024, 70051, 70088, and 70122, Addendum
B: Relative Value Units and Related Information Used in Determining
Medicare Payments for 2009, the following CPT codes are corrected to
read as follows:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fully imple- Year 2009 Year 2009
Physi- cian mented non- transi- Fully imple- transi- Mal-
CPT \1\/ HCPCS Mod Status Description work RVUs facility tional non- mented tional practice Global
\2\ PE RVUs facility PE facility PE facility PE RVUs \2\
\2\ RVUs \2\ RVUs \2\ RVUs \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
20697......... ....... A Comp ext fixate 0.00 33.08 33.08 NA NA 0.01 000
strut change.
37205......... ....... A Transcath iv stent, 8.27 105.15 105.15 3.35 3.46 0.60 000
percut.
37206......... ....... A Transcath iv stent/ 4.12 64.26 64.26 1.62 1.58 0.31 ZZZ
perc addl.
47525......... ....... A Change bile duct 1.54 10.90 11.98 0.86 1.35 0.33 000
catheter.
63650......... ....... A Implant 7.15 NA NA 2.71 2.83 0.53 010
neuroelectrodes.
63685......... ....... A Insrt/redo spine n 6.00 NA NA 2.90 3.22 1.05 010
generator.
63688......... ....... A Revise/remove 5.25 NA NA 2.88 3.05 0.89 010
neuroreceiver.
76775......... 26 A Us exam abdo back 0.58 0.23 0.23 0.23 0.23 0.03 XXX
wall, lim.
93352......... ....... A Admin ecg contrast 0.19 0.84 0.84 NA NA 0.04 ZZZ
agent.
--------------------------------------------------------------------------------------------------------------------------------------------------------
2. On pages 70147, 70148, 70149 and 70151, Addendum C: Codes with
Interim RVUs, the following CPT codes are corrected to read as follows:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fully imple- Year 2009 Year 2009
Physi- cian mented non- transi- Fully imple- transi- Mal-
CPT \1\/ HCPCS Mod Status Description work RVUs facility tional non- mented tional practice Global
\2\ PE RVUs facility PE facility PE facility PE RVUs \2\
\2\ RVUs \2\ RVUs \2\ RVUs \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
20697......... ....... A Comp ext fixate 0.00 33.08 33.08 NA NA 0.01 000
strut change.
47525......... ....... A Change bile duct 1.54 10.90 11.98 0.86 1.35 0.33 000
catheter.
63650......... ....... A Implant 7.15 NA NA 2.71 2.83 0.53 010
neuroelectrodes.
63685......... ....... A Insrt/redo spine n 6.00 NA NA 2.90 3.22 1.05 010
generator.
63688......... ....... A Revise/remove 5.25 NA NA 2.88 3.05 0.89 010
neuroreceiver.
93352......... ....... A Admin ecg contrast 0.19 0.84 0.84 NA NA 0.04 ZZZ
agent.
--------------------------------------------------------------------------------------------------------------------------------------------------------
3. On page 70215, in Addendum J, the entry for HCPCS code G0394 and
its short descriptor are removed.
4. On page 70226, in Addendum J, the entry for CPT code 78414 and
its short descriptor are removed.
III. Waiver of Proposed Rulemaking and Delay in 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 the 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 for it in the rule.
Section 553(d) of the APA ordinarily requires a 30-day delay in the
effective date of final rules after the date of their publication. 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.
[[Page 80305]]
This document merely corrects typographical and technical errors
made in FR Doc. E8-26213, the CY 2009 PFS final rule with comment
period, which appeared in the November 19, 2009 Federal Register (73 FR
69726), and is (with limited exceptions not relevant to these
corrections, but noted in the rule), effective January 1, 2009. The
provisions of the final rule with comment period have been subjected
previously to notice and comment procedures. The corrections contained
in this document are consistent with, and do not make substantive
changes to, the payment methodologies and policies adopted in the CY
2009 PFS final rule with comment period. As such, these corrections are
being made to ensure the CY 2009 PFS final rule with comment period
accurately reflects the policies adopted in that rule. We find,
therefore, for good cause that it is unnecessary and would be contrary
to the public interest to undertake further notice and comment
procedures to incorporate these corrections into the CY 2009 PFS final
rule with comment period.
For the same reasons, we are also waiving the 30-day delay in
effective date for these corrections. We believe that it is in the
public interest to ensure that the CY 2009 PFS final rule with comment
period accurately states our policies as of the date they take effect.
Therefore, we find that delaying the effective date of these
corrections beyond the effective date of the final rule with comment
period would be contrary to the public interest. In so doing, we find
good cause to waive the 30-day delay in the effective date.
Authority: (Catalog of Federal Domestic Assistance Program No.
93.774, Medicare--Supplementary Medical Insurance Program)
Dated: December 22, 2008.
Ann C. Agnew,
Executive Secretary to the Department.
[FR Doc. E8-31027 Filed 12-30-08; 8:45 am]
BILLING CODE 4120-01-P
