Medicare Program; Home Health Prospective Payment System Rate Update for Calendar Year 2011; Changes in Certification Requirements for Home Health Agencies and Hospices; Correction, 9502-9503 [2011-3779]
Download as PDF
<![CDATA[
9502
Federal Register / Vol. 76, No. 34 / Friday, February 18, 2011 / Rules and Regulations
WReier-Aviles on DSKGBLS3C1PROD with RULES
the airspace; therefore, notice and
public procedures under 5 U.S.C. 553(b)
are unnecessary.
The Rule
This action amends Title 14 Code of
Federal Regulations (14 CFR) part 73 to
update the legal description of
Prohibited area P–56, District of
Columbia. Specifically, the description
of a portion of Area A (P–56A) is
amended by removing the words ‘‘* * *
to the intersection of New Hampshire
Avenue and Rock Creek and Potomac
Parkway, NW. (lat. 38°53′45″ N., long.
77°03′23″ W.); thence northeast along
New Hampshire Avenue, 0.6 miles, to
Washington Circle, * * *’’ and inserting
the words ‘‘* * * to intersect the Rock
Creek and Potomac Parkway, NW (at lat.
38°53′45″ N., long. 77°03′23″ W.);
thence northeast to the intersection of
New Hampshire Avenue NW. and F
Street NW. (at lat. 38°53′50″ N., long.
77′03′17″ W.); thence along New
Hampshire Avenue NW., 0.4 miles to
Washington Circle * * *’’ (rest of
description unchanged). This action
will update the regulatory text of P–56
to match the current street alignment in
the western part of P–56A to be in
concert with the FAA’s Aeronautical
Products office. The boundary of Area B
(P–56B) is not changed by this action
and its description remains as currently
published.
Section 73.87 of Title 14 CFR part 73
was republished in FAA Order 7400.8T,
effective February 16, 2011.
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. Therefore, this regulation: (1) Is
not a ‘‘significant regulatory action’’
under Executive Order 12866; (2) is not
a ‘‘significant rule’’ under Department of
Transportation (DOT) Regulatory
Policies and Procedures (44 FR 11034;
February 26, 1979); and (3) does not
warrant preparation of a regulatory
evaluation as the anticipated impact is
so minimal. Since this is a routine
matter that will only affect air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle I, Section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority.
VerDate Mar<15>2010
13:14 Feb 17, 2011
Jkt 223001
This rulemaking is promulgated
under the authority described in
Subtitle VII, Part A, Subpart I, Section
40103. Under that section, the FAA is
charged with prescribing regulations to
assign the use of the airspace necessary
to ensure the safety of aircraft and the
efficient use of airspace. This regulation
is within the scope of that authority as
it amends prohibited airspace in the
District of Columbia.
Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1E, Environmental Impacts:
Policies and Procedures, paragraph
311d. This action is a correction of the
technical description of special use
airspace that does not alter the
dimensions, altitudes, or time of
designation of the airspace. Specifically,
this action replaces an obsolete street
reference in the description. It is not
expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
List of Subjects in 14 CFR Part 73
Airspace, Prohibited areas, Restricted
areas.
Adoption of Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 73 as follows:
Hampshire Avenue, NW, 0.4 miles to
Washington Circle at the intersection of
New Hampshire Avenue and K Street,
NW (lat. 38°54′08″ N., long. 77°03′01″
W.); thence east along K Street 2.5 miles
to the railroad overpass between First
and Second Streets, NE (lat. 38°54′08″
N., long. 77°00′13″ W.); thence southeast
via a 158° bearing 0.7 miles, to the
southeast corner of Stanton Square, at
the intersection of Massachusetts
Avenue and Sixth Street, NE (lat.
38°53′35″ N., long. 76°59′56″ W.);
thence southwest via a 211° bearing 0.8
miles, to the Capitol Power Plant at the
intersection of New Jersey Avenue and
E Street, SE (lat. 38°52′59″ N., long.
77°00′24″ W.); thence west via a 265°
bearing 0.7 miles, to the intersection of
the Southwest Freeway (Interstate Route
395) and Sixth Street, SW extended (lat.
38°52′56″ N., long. 77°01′12″ W.);
thence north along Sixth Street 0.4
miles, to the intersection of Sixth Street
and Independence Avenue, SW (lat.
38°53′15″ N., long. 77°01′12″ W.);
thence west along the north side of
Independence Avenue 0.8 miles, to the
intersection of Independence Avenue
and 15th Street, SW (lat. 38°53′16″ N.,
long. 77°02′01″ W.); thence west along
the southern lane of Independence
Avenue 0.4 miles to the west end of the
Kutz Memorial Bridge over the Tidal
Basin (lat. 38°53′12″ N., long. 77°02′27″
W.); thence west via a 285° bearing 0.6
miles, to the southwest corner of the
Lincoln Memorial, to the point of
beginning.
*
*
*
*
*
■
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
Issued in Washington, DC, on February 11,
2011.
Edith V. Parish,
Manager, Airspace, Regulations and ATC
Procedures Group.
[FR Doc. 2011–3666 Filed 2–17–11; 8:45 am]
PART 73—SPECIAL USE AIRSPACE
1. The authority citation for part 73
continues to read as follows:
§ 73.87
BILLING CODE 4910–13–P
[Amended]
■
2. § 73.87 is amended as follows:
*
*
*
*
*
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
P–56 District of Columbia [Amended]
Centers for Medicare & Medicaid
Services
By removing the current boundaries
for Area A and substituting the
following:
42 CFR Part 424
Boundaries
[CMS–1510–F2]
A. Beginning at the southwest corner
of the Lincoln Memorial (lat. 38°53′20″
N., long. 77°03′02″ W.); thence via a
327° bearing, 0.6 miles, to intersect the
Rock Creek and Potomac Parkway, NW
(at lat. 38°53′45″ N., long. 77°03′23″ W.);
thence northeast to the intersection of
New Hampshire Avenue, NW and F
Street, NW (at lat. 38°53′50″ N., long.
77°03′17″ W.); thence along New
RIN 0938–AP88
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
Medicare Program; Home Health
Prospective Payment System Rate
Update for Calendar Year 2011;
Changes in Certification Requirements
for Home Health Agencies and
Hospices; Correction
Centers for Medicare &
Medicaid Services (CMS), HHS.
AGENCY:
E:\FR\FM\18FER1.SGM
18FER1
Federal Register / Vol. 76, No. 34 / Friday, February 18, 2011 / Rules and Regulations
Final rule; correcting
amendment.
ACTION:
In the November 17, 2010
issue of the Federal Register, we
published a final rule that set forth an
update to the Home Health Prospective
Payment System (HH PPS) rates,
including: The national standardized
60-day episode rates, the national pervisit rates, the nonroutine medical
supply (NRS) conversion factors, and
the low utilization payment amount
(LUPA) add-on payment amounts,
under the Medicare prospective
payment system for HHAs. This
correcting amendment corrects a
technical error identified in the
November 17, 2010 final rule.
DATES: Effective Date: This correcting
amendment is effective February 18,
2011.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Randy Throndset, (410) 786–0131.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2010–27778 (75 FR 70372),
the final rule entitled ‘‘Medicare
Program; Home Health Prospective
Payment System Rate Update for
Calendar Year 2011; Changes in
Certification Requirements for Home
Health Agencies and Hospices’’
(hereinafter referred to as the CY 2011
HH PPS final rule), there was a
technical error that is identified and
corrected in the regulations text of this
correcting amendment. The provisions
of this correcting amendment are
effective January 1, 2011.
II. Summary of Errors in the
Regulations Text
On page 70464 of the CY 2011 HH
PPS final rule, we made a technical
error in the regulation text of
§ 424.22(b)(1). That language
inadvertently deleted paragraphs
(b)(1)(i) and (ii). Accordingly, we are
adding those paragraphs in this
correcting amendment.
List of Subjects in 42 CFR Part 424
WReier-Aviles on DSKGBLS3C1PROD with RULES
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 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
VerDate Mar<15>2010
13:14 Feb 17, 2011
Jkt 223001
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.
Our policy on timing and signature of
recertification for home health services
in the calendar year (CY) 2011 final rule
has previously been subjected to notice
and comment procedures. These
corrections are consistent with the
discussion of this policy in the CY 2011
final rule and do not make substantive
changes to this policy. This correcting
amendment merely corrects technical
errors in the regulations text of the CY
2011 final rule. As a result, this
correcting amendment is intended to
ensure that the CY 2011 final rule
accurately reflects the policy adopted in
the final rule. Therefore, we find that
undertaking further notice and comment
procedures to incorporate these
corrections into the final rule is
unnecessary and contrary to the public
interest.
For the same reasons, we are also
waiving the 30-day delay in effective
date for this correcting amendment. We
believe that it is in the public interest
to ensure that the CY 2011 final rule
accurately states our policy on timing
and signature of recertification for home
health services. Thus delaying the
effective date of these corrections would
be contrary to the public interest.
Therefore, we also find good cause to
waive the 30-day delay in effective date.
Emergency medical services, Health
facilities, Health professions, Medicare,
Reporting and recordkeeping
requirements.
Accordingly, the Centers for Medicare
& Medicaid Services corrects 42 CFR
part 424 by making the following
correcting amendment:
PART 424—CONDITIONS FOR
MEDICARE PAYMENT
1. The authority citation for part 424
continues to read as follows:
■
Authority: Secs. 1102 and 1871 of the
Social Security Act (42 U.S.C. 1302 and
1395hh).
2. Amend § 424.22 by adding
paragraphs (b)(1)(i) and (b)(1)(ii) to read
as follows:
■
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
9503
§ 424.22 Requirements for home health
services.
*
*
*
*
*
(b) * * *
(1) * * *
(i) Beneficiary elected transfer; or
(ii) Discharge and return to the same
HHA during the 60-day episode.
*
*
*
*
*
Authority: (Catalog of Federal Domestic
Assistance Program No. 93.773, Medicare—
Hospital Insurance; and Program No. 93.774,
Medicare—Supplementary Medical
Insurance Program)
Dated: February 10, 2011.
Dawn L. Smalls,
Executive Secretary to the Department.
[FR Doc. 2011–3779 Filed 2–17–11; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 483, 488, 489 and 498
[CMS–3230–IFC]
RIN 0938–AQ09
Medicare and Medicaid Programs;
Requirements for Long-Term Care
(LTC) Facilities; Notice of Facility
Closure
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Interim final rule with comment
period.
AGENCY:
This interim final rule
amends the requirements that a longterm care (LTC) facility must meet in
order to qualify to participate as a
skilled nursing facility (SNF) in the
Medicare program, or a nursing facility
(NF) in the Medicaid program. These
requirements implement section 6113 of
the Affordable Care Act to ensure that,
among other things, in the case of a LTC
facility closure, individuals serving as
administrators of a SNF or NF provide
written notification of the impending
closure and a plan for the relocation of
residents at least 60 days prior to the
impending closure or, if the Secretary
terminates the facility’s participation in
Medicare or Medicaid, not later than the
date the Secretary determines
appropriate.
SUMMARY:
Effective Date: March 23, 2011.
Comments: To be assured
consideration, comments must be
received at one of the addresses
provided below, no later than 5 p.m. on
April 19, 2011.
DATES:
E:\FR\FM\18FER1.SGM
18FER1
]]>Agencies
[Federal Register Volume 76, Number 34 (Friday, February 18, 2011)]
[Rules and Regulations]
[Pages 9502-9503]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3779]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Part 424
[CMS-1510-F2]
RIN 0938-AP88
Medicare Program; Home Health Prospective Payment System Rate
Update for Calendar Year 2011; Changes in Certification Requirements
for Home Health Agencies and Hospices; Correction
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
[[Page 9503]]
ACTION: Final rule; correcting amendment.
-----------------------------------------------------------------------
SUMMARY: In the November 17, 2010 issue of the Federal Register, we
published a final rule that set forth an update to the Home Health
Prospective Payment System (HH PPS) rates, including: The national
standardized 60-day episode rates, the national per-visit rates, the
nonroutine medical supply (NRS) conversion factors, and the low
utilization payment amount (LUPA) add-on payment amounts, under the
Medicare prospective payment system for HHAs. This correcting amendment
corrects a technical error identified in the November 17, 2010 final
rule.
DATES: Effective Date: This correcting amendment is effective February
18, 2011.
FOR FURTHER INFORMATION CONTACT: Randy Throndset, (410) 786-0131.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2010-27778 (75 FR 70372), the final rule entitled
``Medicare Program; Home Health Prospective Payment System Rate Update
for Calendar Year 2011; Changes in Certification Requirements for Home
Health Agencies and Hospices'' (hereinafter referred to as the CY 2011
HH PPS final rule), there was a technical error that is identified and
corrected in the regulations text of this correcting amendment. The
provisions of this correcting amendment are effective January 1, 2011.
II. Summary of Errors in the Regulations Text
On page 70464 of the CY 2011 HH PPS final rule, we made a technical
error in the regulation text of Sec. 424.22(b)(1). That language
inadvertently deleted paragraphs (b)(1)(i) and (ii). Accordingly, we
are adding those paragraphs in this correcting amendment.
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 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.
Our policy on timing and signature of recertification for home
health services in the calendar year (CY) 2011 final rule has
previously been subjected to notice and comment procedures. These
corrections are consistent with the discussion of this policy in the CY
2011 final rule and do not make substantive changes to this policy.
This correcting amendment merely corrects technical errors in the
regulations text of the CY 2011 final rule. As a result, this
correcting amendment is intended to ensure that the CY 2011 final rule
accurately reflects the policy adopted in the final rule. Therefore, we
find that undertaking further notice and comment procedures to
incorporate these corrections into the final rule is unnecessary and
contrary to the public interest.
For the same reasons, we are also waiving the 30-day delay in
effective date for this correcting amendment. We believe that it is in
the public interest to ensure that the CY 2011 final rule accurately
states our policy on timing and signature of recertification for home
health services. Thus delaying the effective date of these corrections
would be contrary to the public interest. Therefore, we also find good
cause to waive the 30-day delay in effective date.
List of Subjects in 42 CFR Part 424
Emergency medical services, Health facilities, Health professions,
Medicare, Reporting and recordkeeping requirements.
Accordingly, the Centers for Medicare & Medicaid Services corrects
42 CFR part 424 by making the following correcting amendment:
PART 424--CONDITIONS FOR MEDICARE PAYMENT
0
1. The authority citation for part 424 continues to read as follows:
Authority: Secs. 1102 and 1871 of the Social Security Act (42
U.S.C. 1302 and 1395hh).
0
2. Amend Sec. 424.22 by adding paragraphs (b)(1)(i) and (b)(1)(ii) to
read as follows:
Sec. 424.22 Requirements for home health services.
* * * * *
(b) * * *
(1) * * *
(i) Beneficiary elected transfer; or
(ii) Discharge and return to the same HHA during the 60-day
episode.
* * * * *
Authority: (Catalog of Federal Domestic Assistance Program No.
93.773, Medicare--Hospital Insurance; and Program No. 93.774,
Medicare--Supplementary Medical Insurance Program)
Dated: February 10, 2011.
Dawn L. Smalls,
Executive Secretary to the Department.
[FR Doc. 2011-3779 Filed 2-17-11; 8:45 am]
BILLING CODE 4120-01-P
