Medicare Program; Prospective Payment System and Consolidated Billing for Skilled Nursing Facilities for FY 2012; Correction, 59265-59266 [2011-24670]

Download as PDF Federal Register / Vol. 76, No. 186 / Monday, September 26, 2011 / Rules and Regulations incorporate the corrections in this document into the final rule or delaying the effective date would delay these corrections beyond the October 1 start of the fiscal year, and would be contrary to the public interest. Furthermore, such procedures would be unnecessary, as we are not altering the policies that were already subject to comment and finalized in our final rule. Therefore, we believe we have good cause to waive the notice and comment and effective date requirements. IV. Correction of Errors In FR Doc. 2011–19719 of August 18, 2011 (76 FR 51476), make the following corrections: 1. On page 51745, third column— a. Fourth full paragraph, lines 13 and 14, the footnote reference number ‘‘2’’ is corrected to read ‘‘59a’’. b. Footnote text at bottom of the column, after line 4, the footnotes are corrected by adding a footnote to read as follows: corrected to read as ‘‘using a subset of standardized CARE data elements to collect’’. 7. On page 51755, second column, first full paragraph, lines 9 and 10, the phrase ‘‘during the PAC–PRD’’ is corrected to read ‘‘during the Post Acute Care Payment Reform Demonstration (PAC–PRD). 8. On page 51780, second column, fifth paragraph, line 9, the figure ‘‘80’’ is corrected to read ‘‘over 200’’. 9. On page 51813, third column, sixth paragraph, line 6, the reference ‘‘CMS– 1518–P’’ is corrected to read ‘‘CMS– 1518–F’’. (Catalog of Federal Domestic Assistance Program No. 93.773, Medicare—Hospital Insurance; and Program No. 93.774, Medicare—Supplementary Medical Insurance Program) Dated: September 21, 2011. Barbara J. Holland, Deputy Executive Secretary to the Department, Department of Health Human Services. [FR Doc. 2011–24669 Filed 9–23–11; 8:45 am] 2. On page 51746, a. First column, first full paragraph, lines 19 through 21, the phrase ‘‘The TEP convened by the our’’ is corrected to read ‘‘The TEP convened by our’’. b. Third column, footnote text at bottom of column is corrected to read as follows: Centers for Medicare & Medicaid Services ‘‘60 Klevens RM, Edwards JR, Richards CL, Horan TC, Gaynes RP, Pollock DA, Cardo DM. Estimating healthcare-associated infection and deaths in U.S. hospitals, 2002. Public Health Reports 2007: 122:160–166. Available at https://www.cdc.gov/ncidod/ dhqp/pdf/hicpac/infections_deaths.pdf.’’ bjneal on DSK5VPTVN1PROD with RULES ‘‘59a Klevens RM, Edwards JR, Richards CL, Horan TC, Gaynes RP, Pollock DA, Cardo DM. Estimating healthcare-associated infection and deaths in U.S. hospitals, 2002. Public Health Reports 2007: 122:160–166. Available at https://www.cdc.gov/ncidod/ dhqp/pdf/hicpac/infections_deaths.pdf.’’ Medicare Program; Prospective Payment System and Consolidated Billing for Skilled Nursing Facilities for FY 2012; Correction 3. On page 51747, third column, second full paragraph, line 3, the acronym ‘‘CLASBIs’’ is corrected to read as ‘‘CLABSI’’. 4. On page 51748, second column, last paragraph, lines 20 through 21, the Web site link ‘‘https://www.cdc.gov/nhsn/ PDFs/pscManual/ 7pscCAUTIcurrent.pdf’’ is corrected to read ‘‘https://www.cdc.gov/nhsn/pdfs/ pscmanual/4psc_clabscurrent.pdf’’. 5. On page 51752, third column, last paragraph, last line, the figure ‘‘11’’ is corrected to read ‘‘over 20’’. 6. On page 51754, third column— a. First partial paragraph, line 4, the phrase ‘‘nursing home’’ is corrected to read as ‘‘skilled nursing facility’’. b. Second full paragraph, line 3 and 4, the phrase ‘‘using a CARE subset of standardized data elements to collect’’ is VerDate Mar<15>2010 06:33 Sep 24, 2011 Jkt 223001 BILLING CODE 4120–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES 42 CFR Part 413 [CMS–1351–CN] RIN 0938–AQ29 Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Final rule; correction. AGENCY: This document corrects technical errors in the final rule entitled ‘‘Medicare Program; Prospective Payment System and Consolidated Billing for Skilled Nursing Facilities for FY 2012’’ that appeared in the August 8, 2011 Federal Register. DATES: Effective Date: This correction is effective October 1, 2011. FOR FURTHER INFORMATION CONTACT: John Kane, (410) 786–0557. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background In FR Doc. 2011–19544 of August 8, 2011 (76 FR 48486), there were three technical errors that are identified and corrected in the Correction of Errors section of this document. The PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 59265 corrections in this correction document are effective as if they had been included in the August 8, 2011 Federal Register document. Accordingly, the corrections are effective October 1, 2011. II. Summary of Errors The Addendum to the Skilled Nursing Facility (SNF) Prospective Payment System (PPS) final rule (76 FR 48486, 48540) inadvertently included several technical errors in wage index values in Table A (‘‘FY 2012 Wage Index for Urban Areas Based on CBSA Labor Market Areas’’) and Table B (‘‘FY 2012 Wage Index Based on CBSA Labor Market Areas for Rural Areas’’). Tables A and B provide the urban and rural wage index values, respectively, that are used to calculate the labor-related portion of the FY 2012 payment rate for SNFs. We inadvertently omitted corrected wage and geographic classification data for two providers from the final FY 2012 wage index database that should have been included in the wage index calculation of the FY 2012 payment rates for SNFs. This resulted in incorrect wage index values being displayed in Table A for two CBSAs. Therefore, we are correcting the wage index values for those two CBSAs in Table A of the Addendum, in order to reflect the hospital wage index’s most current wage data. The first correction in Table A of the Addendum (76 FR 48546) involves the wage index for CBSA 20020 (Dothan, AL–Geneva County, AL–Henry County, AL–Houston County, AL), and reflects the receipt of revised wage data from an Alabama provider. The second correction in Table A of the Addendum (76 FR 48552) involves the wage index for CBSA 33740 (Monroe, LA–Ouachita Parish, LA–Union Parish, LA), and reflects a change in geographic classification for a Louisiana provider. Finally, in Table B of the Addendum (76 FR 48561), we are correcting the wage index value for State Code 19 (Louisiana), in order to reflect the previously-cited change in geographic classification for a Louisiana provider. As these revisions involve only a limited number of individual entries in Tables A and B, we are not republishing these tables in their entirety in this document; however, we note that the corrected versions of both tables are available on the SNF PPS Web site, which can be accessed online at https:// www.cms.gov/SNFPPS/. III. Waiver of Proposed Rulemaking and Delayed Effective Date We ordinarily publish a notice of proposed rulemaking in the Federal E:\FR\FM\26SER1.SGM 26SER1 59266 Federal Register / Vol. 76, No. 186 / Monday, September 26, 2011 / Rules and Regulations bjneal on DSK5VPTVN1PROD with RULES 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 we find, for good cause, that the notice and comment process is impracticable, unnecessary, or contrary to the public interest, and incorporate a statement of the finding and the reasons therefore in the document. 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 this delay if we find good cause and publish in the notice an explanation of our good cause. We find for good cause that it is unnecessary to undertake notice and comment rulemaking because this document merely provides technical corrections to the FY 2012 SNF PPS final rule. 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. This correction document is intended solely to ensure that the FY 2012 SNF PPS final rule accurately reflects these payment methodologies and policies. Therefore, we believe that undertaking further notice and comment rulemaking activity in connection with it would be unnecessary and contrary to the public interest. Further, we believe a delayed effective date is unnecessary because this correction document 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 2012 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. IV. Correction of Errors In FR Doc. 2011–19544 of August 8, 2011 (76 FR 48486), make the following corrections: 1. On page 48546, in Table A (‘‘FY 2012 Wage Index for Urban Areas Based on CBSA Labor Market Areas’’), in the VerDate Mar<15>2010 06:33 Sep 24, 2011 Jkt 223001 first set of columns, in the eighth row (CBSA 20020), third column, the wage index ‘‘0.7130’’ is corrected to read ‘‘0.7390’’. 2. On page 48552, in Table A, in the second set of columns, in the fifth row (CBSA 33740), third column, the wage index ‘‘0.7915’’ is corrected to read ‘‘0.7964’’. 3. On page 48561, in Table B (‘‘FY 2012 Wage Index Based on CBSA Labor Market Areas for Rural Areas’’), in the second set of columns, in the 19th row (State Code 19 (Louisiana)), third column, the wage index ‘‘0.7769’’ is corrected to read ‘‘0.7749’’. (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, 2011. Barbara J. Holland, Deputy Executive Secretary to the Department. [FR Doc. 2011–24670 Filed 9–23–11; 8:45 am] BILLING CODE 4120–01–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA–2011–0002; Internal Agency Docket No. FEMA–8199] Suspension of Community Eligibility Federal Emergency Management Agency, DHS. ACTION: Final rule. AGENCY: This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. DATES: Effective Dates: The effective date of each community’s scheduled suspension is the third date (‘‘Susp.’’) listed in the third column of the following tables. SUMMARY: PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 If you want to determine whether a particular community was suspended on the suspension date or FOR FURTHER INFORMATION, CONTACT David Stearrett, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646–2953. SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase flood insurance which is generally not otherwise available. In return, communities agree to adopt and administer local floodplain management aimed at protecting lives and new construction from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits flood insurance coverage as authorized under the NFIP, 42 U.S.C. 4001 et seq.; unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance with program regulations, 44 CFR part 59. Accordingly, the communities will be suspended on the effective date in the third column. As of that date, flood insurance will no longer be available in the community. However, some of these communities may adopt and submit the required documentation of legally enforceable floodplain management measures after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue their eligibility for the sale of insurance. A notice withdrawing the suspension of the communities will be published in the Federal Register. In addition, FEMA has identified the Special Flood Hazard Areas (SFHAs) in these communities by publishing a Flood Insurance Rate Map (FIRM). The date of the FIRM, if one has been published, is indicated in the fourth column of the table. No direct Federal financial assistance (except assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood) may legally be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year, on FEMA’s initial flood insurance map of the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against certain types of Federal assistance becomes effective for FOR FURTHER INFORMATION CONTACT: E:\FR\FM\26SER1.SGM 26SER1

Agencies

[Federal Register Volume 76, Number 186 (Monday, September 26, 2011)]
[Rules and Regulations]
[Pages 59265-59266]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24670]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Part 413

[CMS-1351-CN]
RIN 0938-AQ29


Medicare Program; Prospective Payment System and Consolidated 
Billing for Skilled Nursing Facilities for FY 2012; Correction

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

ACTION: Final rule; correction.

-----------------------------------------------------------------------

SUMMARY: This document corrects technical errors in the final rule 
entitled ``Medicare Program; Prospective Payment System and 
Consolidated Billing for Skilled Nursing Facilities for FY 2012'' that 
appeared in the August 8, 2011 Federal Register.

DATES: Effective Date: This correction is effective October 1, 2011.

FOR FURTHER INFORMATION CONTACT: John Kane, (410) 786-0557.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. 2011-19544 of August 8, 2011 (76 FR 48486), there were 
three technical errors that are identified and corrected in the 
Correction of Errors section of this document. The corrections in this 
correction document are effective as if they had been included in the 
August 8, 2011 Federal Register document. Accordingly, the corrections 
are effective October 1, 2011.

II. Summary of Errors

    The Addendum to the Skilled Nursing Facility (SNF) Prospective 
Payment System (PPS) final rule (76 FR 48486, 48540) inadvertently 
included several technical errors in wage index values in Table A (``FY 
2012 Wage Index for Urban Areas Based on CBSA Labor Market Areas'') and 
Table B (``FY 2012 Wage Index Based on CBSA Labor Market Areas for 
Rural Areas''). Tables A and B provide the urban and rural wage index 
values, respectively, that are used to calculate the labor-related 
portion of the FY 2012 payment rate for SNFs. We inadvertently omitted 
corrected wage and geographic classification data for two providers 
from the final FY 2012 wage index database that should have been 
included in the wage index calculation of the FY 2012 payment rates for 
SNFs. This resulted in incorrect wage index values being displayed in 
Table A for two CBSAs. Therefore, we are correcting the wage index 
values for those two CBSAs in Table A of the Addendum, in order to 
reflect the hospital wage index's most current wage data. The first 
correction in Table A of the Addendum (76 FR 48546) involves the wage 
index for CBSA 20020 (Dothan, AL-Geneva County, AL-Henry County, AL-
Houston County, AL), and reflects the receipt of revised wage data from 
an Alabama provider. The second correction in Table A of the Addendum 
(76 FR 48552) involves the wage index for CBSA 33740 (Monroe, LA-
Ouachita Parish, LA-Union Parish, LA), and reflects a change in 
geographic classification for a Louisiana provider.
    Finally, in Table B of the Addendum (76 FR 48561), we are 
correcting the wage index value for State Code 19 (Louisiana), in order 
to reflect the previously-cited change in geographic classification for 
a Louisiana provider. As these revisions involve only a limited number 
of individual entries in Tables A and B, we are not republishing these 
tables in their entirety in this document; however, we note that the 
corrected versions of both tables are available on the SNF PPS Web 
site, which can be accessed online at https://www.cms.gov/SNFPPS/.

III. Waiver of Proposed Rulemaking and Delayed Effective Date

    We ordinarily publish a notice of proposed rulemaking in the 
Federal

[[Page 59266]]

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 we find, for good cause, 
that the notice and comment process is impracticable, unnecessary, or 
contrary to the public interest, and incorporate a statement of the 
finding and the reasons therefore in the document.
    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 this delay if we find good 
cause and publish in the notice an explanation of our good cause.
    We find for good cause that it is unnecessary to undertake notice 
and comment rulemaking because this document merely provides technical 
corrections to the FY 2012 SNF PPS final rule. 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. This correction document is intended solely to 
ensure that the FY 2012 SNF PPS final rule accurately reflects these 
payment methodologies and policies. Therefore, we believe that 
undertaking further notice and comment rulemaking activity in 
connection with it would be unnecessary and contrary to the public 
interest.
    Further, we believe a delayed effective date is unnecessary because 
this correction document 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 2012 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.

IV. Correction of Errors

    In FR Doc. 2011-19544 of August 8, 2011 (76 FR 48486), make the 
following corrections:
    1. On page 48546, in Table A (``FY 2012 Wage Index for Urban Areas 
Based on CBSA Labor Market Areas''), in the first set of columns, in 
the eighth row (CBSA 20020), third column, the wage index ``0.7130'' is 
corrected to read ``0.7390''.
    2. On page 48552, in Table A, in the second set of columns, in the 
fifth row (CBSA 33740), third column, the wage index ``0.7915'' is 
corrected to read ``0.7964''.
    3. On page 48561, in Table B (``FY 2012 Wage Index Based on CBSA 
Labor Market Areas for Rural Areas''), in the second set of columns, in 
the 19th row (State Code 19 (Louisiana)), third column, the wage index 
``0.7769'' is corrected to read ``0.7749''.

(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, 2011.
Barbara J. Holland,
Deputy Executive Secretary to the Department.
[FR Doc. 2011-24670 Filed 9-23-11; 8:45 am]
BILLING CODE 4120-01-P
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