Medicare Program; Prospective Payment System and Consolidated Billing for Skilled Nursing Facilities; Correction, 48865-48866 [E9-22958]

Agencies

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

[Federal Register Volume 74, Number 185 (Friday, September 25, 2009)]
[Rules and Regulations]
[Pages 48865-48866]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22958]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[CMS-1410-CN]

42 CFR Part 483

RIN 0938-AP46


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

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

ACTION: Final rule; correction.

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SUMMARY: This document corrects technical errors that appeared in the 
final rule published in the Federal Register (74 FR 40288) on August 
11, 2009 entitled, ''Medicare Program; Prospective Payment System and 
Consolidated Billing for Skilled Nursing Facilities for FY 2010; 
Minimum Data Set, Version 3.0 for Skilled Nursing Facilities and 
Medicaid Nursing Facilities.''

DATES: Effective Date: This correction is effective October 1, 2009.

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

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. E9-18662 of August 11, 2009 (74 FR 40288), there were 
three errors (two typographical errors and a technical error in the 
wage index values) that we are identifying and correcting in section 
III--``Correction of Errors''. The corrections in this notice are 
effective as if they were included in the final rule published on 
August 11, 2009. Accordingly, the corrections are effective October 1, 
2009.

II. Summary of Errors

    In the August 11, 2009 final rule, we made two typographical errors 
in the preamble that resulted in an incorrect date being cited. First, 
on page 40293, we stated that the ``* * * final rule sets forth a 
schedule of Federal prospective payment rates applicable to Medicare 
Part A SNF services beginning October 1, 2010.'' We are correcting the 
date that appears in this sentence so that it correctly reads ``October 
1, 2009'' consistent with Tables 2 and 3 (``FY 2010 Unadjusted Federal 
Rate Per Diem Urban'' and ``FY 2010 Unadjusted Federal Rate Per Diem 
Rural''), and with the fiscal year (FY) 2010 effective date for the 
Federal rates specified throughout the preamble. In addition, on page 
40297, we made a typographical error resulting in an incorrect date 
being cited in describing the prospective nature of the recalibration 
of the case-mix weights. The purpose of the paragraph where the date 
appears is to explain that in order to avoid possible negative 
consequences, the recalibration of the case-mix weights is being 
implemented on a prospective basis only, and does not include a 
retroactive recoupment of any overpayments already made. We are 
correcting the date that appears in the preamble, so that it correctly 
reads ``October 1, 2009'' rather than ``October 1, 2010'', consistent 
with the FY 2010 effective date specified for the recalibration 
throughout the final rule.
    In addition, in the addendum to the August 11, 2009 final rule, we 
are revising an entry in Table B: ``FY 2010 Wage Index Based on CBSA 
Labor Market Areas for Rural Areas'' in order to correct a technical 
error arising from the revision of wage data for two inpatient 
prospective payment system (IPPS) providers. We inadvertently excluded 
the wage data for a hospital that should have been included in the wage 
index calculation, and included the wage data for a hospital that 
should have been excluded from the wage index. Accordingly, we are 
revising the wage index value displayed in Table B for rural California 
from ``1.2001'' to the corrected value of ``1.2051''. As this revision 
involves only a single entry in Table B, we are not republishing the 
table in its entirety in this notice; however, we note that the 
corrected version of this table is available on the SNF PPS Web site, 
which can be accessed online at https://www.cms.hhs.gov/SNFPPS/.

III. Correction of Errors

    In FR Doc. E9-18662 (74 FR 40288), make the following corrections:
    1. On page 40293, in column 2, in the first paragraph under Section 
III.B.1 (Federal Prospective Payment System), in the first sentence, 
the date ``October 1, 2010'' is corrected to read ``October 1, 2009''.
    2. On page 40297, in column 2, in the last paragraph, in the first 
line from the bottom, the date ``October 1, 2010'' is corrected to read 
``October 1, 2009''.
    3. On page 40385, in Table B, in column 3 of the table, in line 5, 
the wage index ``1.2001'' is corrected to read ``1.2051''.

IV. Waiver of Proposed Rulemaking and Delayed Effective Date

    We ordinarily publish a proposed rule in the Federal Register to 
provide a period for public comment before the provisions of a rule 
such as this take effect in accordance with section 553(b) of the 
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). We also 
ordinarily provide a 30-day delay in the effective date of the 
provisions of a notice in accordance with section 553(d) of the APA (5 
U.S.C. 553(d)). However, we can waive both the notice and comment 
procedure and the 30-day delay in effective date 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 for it 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 2010 skilled nursing facility (SNF) 
prospective system (PPS) final rule accurately reflects them. 
Therefore, we believe that undertaking further notice and comment 
procedures to incorporate these corrections into the final rule is 
unnecessary and contrary to the public interest.
    Further, we believe a delayed effective date is unnecessary because 
this correction notice merely corrects inadvertent technical errors. 
The changes noted above do not make any substantive changes to the SNF 
PPS payment methodologies or policies. Moreover, we regard imposing a 
delay in the effective date as being contrary to the public interest. 
We believe that it is in the public interest for providers to receive 
appropriate SNF PPS payments in as timely a manner as possible and to 
ensure that the FY 2010 SNF PPS final rule accurately reflects our 
payment methodologies, payment rates, and policies. Therefore, we find 
good cause to waive notice and comment procedures, as well as the 30-
day delay in effective date.


[[Page 48866]]


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

    Dated: September 16, 2009.
Dawn L. Smalls,
Executive Secretary to the Department.
[FR Doc. E9-22958 Filed 9-24-09; 8:45 am]
BILLING CODE 4120-01-P