Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and Fiscal Year 2013 Rates; Hospitals' Resident Caps for Graduate Medical Education Payment Purposes; Quality Reporting Requirements for Specific Providers and for Ambulatory Surgical Centers; Correcting Amendment, 63751-63753 [2012-25464]
Download as PDF
<![CDATA[
63751
Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Rules and Regulations
erowe on DSK2VPTVN1PROD with
VI. Statutory and Executive Order
Reviews
This final rule establishes tolerances
under FFDCA section 408(d) in
response to a petition submitted to the
Agency. The Office of Management and
Budget (OMB) has exempted these types
of actions from review under Executive
Order 12866, entitled ‘‘Regulatory
Planning and Review’’ (58 FR 51735,
October 4, 1993). Because this final rule
has been exempted from review under
Executive Order 12866, this final rule is
not subject to Executive Order 13211,
entitled ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001) or Executive
Order 13045, entitled ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997). This final rule does not
contain any information collections
subject to OMB approval under the
Paperwork Reduction Act (PRA), 44
U.S.C. 3501 et seq., nor does it require
any special considerations under
Executive Order 12898, entitled
‘‘Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations’’ (59 FR 7629, February 16,
1994).
Since tolerances and exemptions that
are established on the basis of a petition
under FFDCA section 408(d), such as
the tolerance in this final rule, do not
require the issuance of a proposed rule,
the requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
This final rule directly regulates
growers, food processors, food handlers,
and food retailers, not States or tribes,
nor does this action alter the
relationships or distribution of power
and responsibilities established by
Congress in the preemption provisions
of FFDCA section 408(n)(4). As such,
the Agency has determined that this
action will not have a substantial direct
effect on States or tribal governments,
on the relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
tribes. Thus, the Agency has determined
that Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999) and Executive Order 13175,
entitled ‘‘Consultation and Coordination
with Indian Tribal Governments’’ (65 FR
67249, November 9, 2000) do not apply
to this final rule. In addition, this final
rule does not impose any enforceable
duty or contain any unfunded mandate
as described under Title II of the
VerDate Mar<15>2010
18:08 Oct 16, 2012
Jkt 229001
Unfunded Mandates Reform Act of 1995
(UMRA) (Public Law 104–4).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(NTTAA), Public Law 104–113, section
12(d) (15 U.S.C. 272 note).
Parts per
million
Commodity
*
*
*
Bean, succulent ..................
*
*
0.02
*
*
*
Brassica, leafy greens, subgroup 5B .........................
*
*
*
*
*
Fruit, pome, group 11–10,
except pear and pear,
Asian ...............................
*
*
*
*
Ilama ...................................
*
*
0.30
*
*
*
Logan ..................................
*
*
0.30
*
*
*
Nut, tree group 14 ..............
*
*
0.05
*
*
*
Pear ....................................
Pear, Asian .........................
Persimmon ..........................
*
*
6.0
6.0
1.9
*
*
*
Tea1 ....................................
Turnip, greens ....................
*
*
20
60
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
*
*
*
Vegetable, fruiting, group
8–10 ................................
*
*
Dated: October 4, 2012.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
time.
VII. 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
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
Therefore, 40 CFR chapter I is
amended as follows:
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. In § 180.511 the table in paragraph
(a) is amended as follows:
■ i. Remove the entries for Almond;
Fruit, pome, group 11; Okra; Pepper,
nonbell and Vegetable, fruiting, group 8,
except nonbell pepper;
■ ii. Revising the entries for Llama and
Loganberry to read Ilama and Logan
respectively; and
■ iii. Add alphabetically new entries.
The revisions and additions read as
follows:
■
§ 180.511 Buprofezin; tolerances of
residues.
PO 00000
(a) * * *
Frm 00041
Fmt 4700
Sfmt 4700
*
*
1 There
*
*
*
60
*
3.0
2.0
*
*
are no U.S. registrations at this
*
*
*
[FR Doc. 2012–25548 Filed 10–16–12; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 412
[CMS–1588–F2]
RIN 0938–AR12
Medicare Program; Hospital Inpatient
Prospective Payment Systems for
Acute Care Hospitals and the LongTerm Care Hospital Prospective
Payment System and Fiscal Year 2013
Rates; Hospitals’ Resident Caps for
Graduate Medical Education Payment
Purposes; Quality Reporting
Requirements for Specific Providers
and for Ambulatory Surgical Centers;
Correcting Amendment
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Final rule; correcting
amendment.
AGENCY:
E:\FR\FM\17OCR1.SGM
17OCR1
63752
Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Rules and Regulations
This document corrects
technical errors in the regulations text of
the final rule that appeared in the
August 31, 2012 Federal Register
entitled ‘‘Medicare Program; Hospital
Inpatient Prospective Payment Systems
for Acute Care Hospitals and the LongTerm Care Hospital Prospective
Payment System and Fiscal Year 2013
Rates; Hospitals’ Resident Caps for
Graduate Medical Education Payment
Purposes; Quality Reporting
Requirements for Specific Providers and
for Ambulatory Surgical Centers’’
(hereinafter referred to as the FY 2013
IPPS/LTCH PPS final rule).
DATES: Effective Date: This correcting
amendment is effective October 12,
2012.
Applicability Date: The provisions of
this correcting amendment are
applicable October 1, 2012.
FOR FURTHER INFORMATION CONTACT: Tzvi
Hefter, (410) 786–4487.
SUPPLEMENTARY INFORMATION:
SUMMARY:
erowe on DSK2VPTVN1PROD with
I. Background and Summary of Errors
In the FY 2013 Hospital Inpatient
Prospective Payment Systems for Acute
Care Hospitals and the Long-Term Care
Hospital Prospective Payment System
final rule (hereinafter referred to as the
FY 2013 IPPS/LTCH PPS final rule) (FR
Doc. 2012–19079 of August 31, 2012 (77
FR 53258)), there were several
typographical and technical errors in
the regulations text that are identified
and corrected in this correcting
amendment. The provisions in this
correcting amendment apply to longterm care hospital (LTCH) prospective
payment system (PPS) payments.
In finalizing the regulations text
changes for the FY 2013 LTCH PPS
provisions (77 FR 53680), we made the
following errors:
• In § 412.534(h)(6), we inadvertently
omitted regulations text that specified
our methodology for determining the
percentage of discharges during a
LTCH’s or satellite facility’s cost
reporting period beginning on or after
July 1, 2012 and before October 1, 2012
that will not be counted towards the 25percent threshold during such cost
reporting period.
• In § 412.536(a)(3)(i)—
++ We inadvertently omitted
regulations text that specified the
discharges to which the 25-percent
payment adjustment threshold policy
applies for LTCHs with cost reporting
periods beginning on or after July 1,
2012 and before October 1, 2012; and
++ We made an error in the
timeframe during which the 25-percent
payment adjustment threshold policy
will not apply for certain LTCHs (that is,
VerDate Mar<15>2010
15:01 Oct 16, 2012
Jkt 229001
those LTCHs with a cost reporting
period beginning on or after July 1, 2012
and before October 1, 2012).
• In § 412.536(a)(3)(ii), we made an
error in citing the timeframe during
which the 25-percent payment
adjustment threshold policy is in effect
for certain LTCHs (that is, those LTCHs
with a cost reporting period beginning
on or after July 1, 2012 and before
October 1, 2012), as well as an error in
the timeframe during which discharges
occurring during such LTCHs’ cost
reporting periods will not be counted
towards the 25-percent threshold.
We are correcting these regulations text
errors to ensure that the regulations text
reflects the finalized 25-percent
payment adjustment threshold policy
set forth in the preamble of the final rule
(77 FR 53483 through 53486).
II. Waiver of Proposed Rulemaking and
Delay in the 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.
We find that there is good cause to
waive both the notice and comment and
delayed effective date requirements.
Undertaking further notice and
comment procedures to incorporate the
corrections in this document into the
final rule or delaying the effective date
would be contrary to the public interest.
We believe it is in the public interest for
our regulation text to accurately reflect
the policy on the 25-percent payment
adjustment threshold which was
adopted in the FY 2013 IPPS/LTCH PPS
final rule. Therefore delaying the
effective date of these corrections 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
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
comment and finalized in the FY 2013
IPPS/LTCH PPS final rule. As indicated
previously, this correcting amendment
corrects technical and typographical
errors in the regulations text of the FY
2013 IPPS/LTCH PPS final rule and
does not make substantive changes to
the policies or payment methodologies
that were adopted in the final rule. As
a result, this correcting amendment is
intended to ensure that the regulations
text accurately reflects the policies
adopted in the FY 2013 IPPS/LTCH PPS
final rule. Therefore, for the reasons set
forth previously, we believe we have
good cause to waive the notice and
comment and effective date
requirements.
List of Subjects for 42 CFR Part 412
Administrative practice and
procedure, Health facilities, Medicare,
Puerto Rico, Reporting and
recordkeeping requirements.
As noted in section I. of this
correcting amendment, the Centers for
Medicare & Medicaid Services is making
the following correcting amendments to
42 CFR part 412:
PART 412—PROSPECTIVE PAYMENT
SYSTEMS FOR INPATIENT HOSPITAL
SERVICES
1. The authority citation for Part 412
continues to read as follows:
■
Authority: Secs. 1102 and 1871 of the
Social Security Act (42 U.S.C. 1302 and
1395hh), and sec. 124 of Pub. L. 106–113
(113 Stat. 1501A–332).
2. Amend § 412.534 as follows:
A. Redesignating paragraph (h)(6)(ii)
as paragraph (h)(6)(iii).
■ B. Adding a new paragraph (h)(6)(ii).
The addition reads as follows:
■
■
§ 412.534 Special payment provisions for
long-term care hospitals within hospitals
and satellites of long-term care hospitals.
*
*
*
*
*
(h) * * *
(6) * * *
(ii) In determining whether the
percentage of discharges during a longterm care hospital’s or satellite facility’s
cost reporting period beginning on or
after July 1, 2012 and before October 1,
2012 exceeds the 25-percent threshold,
those discharges occurring on or after
October 1, 2012 and before the
beginning of the hospital’s or satellite
facility’s next cost reporting period will
not be counted towards that threshold.
*
*
*
*
*
§ 412.536
■
■
■
[Amend]
3. Amend § 412.536 as follows:
A. Revising paragraph (a)(3)(i).
B. In paragraph (a)(3)(ii)—
E:\FR\FM\17OCR1.SGM
17OCR1
Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Rules and Regulations
(i) The phrase ‘‘before July 1, 2013’’ is
removed and the phrase ‘‘before October
1, 2012’’ is added in its place.
(ii) The phrase ‘‘before October 1,
2013,’’ is removed and the phrase
‘‘before the beginning of the hospital’s
next cost reporting period,’’ is added in
is place.
The revision reads as follows:
§ 412.536 Special payment provisions for
long-term care hospitals and satellites of
long-term care hospitals that discharged
Medicare patients admitted from a hospital
not located in the same building or on the
same campus as the long-term care
hospital or satellite of the long-term care
hospital.
(a) * * *
(3) * * *
(i) Payments to long-term care
hospitals described in paragraph
(a)(1)(iv) of this section are determined
using the methodology specified in
either paragraph (b)(1) or paragraph
(b)(2) of this section, for discharges
occurring prior to October 1, 2012
during the hospital’s cost reporting
period beginning on or after July 1, 2012
and before October 1, 2012. Such
policies will not be applied to the
discharges occurring on or after October
1, 2012 and before the beginning of the
hospital’s next cost reporting period.
*
*
*
*
*
(Catalog of Federal Domestic Assistance
Program No. 93.773, Medicare—Hospital
Insurance; and Program No. 93.774,
Medicare—Supplementary Medical
Insurance Program)
[FR Doc. 2012–25464 Filed 10–12–12; 4:15 pm]
BILLING CODE 4120–01–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2012–0003; Internal
Agency Docket No. FEMA–8251]
Suspension of Community Eligibility
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
erowe on DSK2VPTVN1PROD with
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
VerDate Mar<15>2010
15:01 Oct 16, 2012
Jkt 229001
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.
DATES:
If
you want to determine whether a
particular community was suspended
on the suspension date or for further
information, contact David Stearrett,
Federal Insurance and Mitigation
Administration, Federal Emergency
Management Agency, 500 C Street SW.,
Washington, DC 20472, (202) 646–2953.
FOR FURTHER INFORMATION CONTACT:
The NFIP
enables property owners to purchase
Federal flood insurance that is not
otherwise generally available from
private insurers. In return, communities
agree to adopt and administer local
floodplain management measures 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 the sale of NFIP flood
insurance 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. We recognize that 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
to be eligible for the sale of NFIP flood
insurance. A notice withdrawing the
SUPPLEMENTARY INFORMATION:
Dated: October 10, 2012.
Oliver Potts,
Deputy Executive Secretary to the
Department, Department of Health and
Human Services.
SUMMARY:
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. Also, information
identifying the current participation
status of a community can be obtained
from FEMA’s Community Status Book
(CSB). The CSB is available at https://
www.fema.gov/fema/csb.shtm.
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
63753
suspension of such communities will be
published in the Federal Register.
In addition, FEMA publishes a Flood
Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard
Areas (SFHAs) in these communities.
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 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
FIRM for 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
the communities listed on the date
shown in the last column. The
Administrator finds that notice and
public comment procedures under 5
U.S.C. 553(b), are impracticable and
unnecessary because communities listed
in this final rule have been adequately
notified.
Each community receives 6-month,
90-day, and 30-day notification letters
addressed to the Chief Executive Officer
stating that the community will be
suspended unless the required
floodplain management measures are
met prior to the effective suspension
date. Since these notifications were
made, this final rule may take effect
within less than 30 days.
National Environmental Policy Act.
This rule is categorically excluded from
the requirements of 44 CFR Part 10,
Environmental Considerations. No
environmental impact assessment has
been prepared.
Regulatory Flexibility Act. The
Administrator has determined that this
rule is exempt from the requirements of
the Regulatory Flexibility Act because
the National Flood Insurance Act of
1968, as amended, Section 1315, 42
U.S.C. 4022, prohibits flood insurance
coverage unless an appropriate public
body adopts adequate floodplain
management measures with effective
enforcement measures. The
communities listed no longer comply
with the statutory requirements, and
after the effective date, flood insurance
will no longer be available in the
communities unless remedial action
takes place.
Regulatory Classification. This final
rule is not a significant regulatory action
under the criteria of section 3(f) of
E:\FR\FM\17OCR1.SGM
17OCR1
]]>Agencies
[Federal Register Volume 77, Number 201 (Wednesday, October 17, 2012)]
[Rules and Regulations]
[Pages 63751-63753]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25464]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 412
[CMS-1588-F2]
RIN 0938-AR12
Medicare Program; Hospital Inpatient Prospective Payment Systems
for Acute Care Hospitals and the Long-Term Care Hospital Prospective
Payment System and Fiscal Year 2013 Rates; Hospitals' Resident Caps for
Graduate Medical Education Payment Purposes; Quality Reporting
Requirements for Specific Providers and for Ambulatory Surgical
Centers; Correcting Amendment
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Final rule; correcting amendment.
-----------------------------------------------------------------------
[[Page 63752]]
SUMMARY: This document corrects technical errors in the regulations
text of the final rule that appeared in the August 31, 2012 Federal
Register entitled ``Medicare Program; Hospital Inpatient Prospective
Payment Systems for Acute Care Hospitals and the Long-Term Care
Hospital Prospective Payment System and Fiscal Year 2013 Rates;
Hospitals' Resident Caps for Graduate Medical Education Payment
Purposes; Quality Reporting Requirements for Specific Providers and for
Ambulatory Surgical Centers'' (hereinafter referred to as the FY 2013
IPPS/LTCH PPS final rule).
DATES: Effective Date: This correcting amendment is effective October
12, 2012.
Applicability Date: The provisions of this correcting amendment are
applicable October 1, 2012.
FOR FURTHER INFORMATION CONTACT: Tzvi Hefter, (410) 786-4487.
SUPPLEMENTARY INFORMATION:
I. Background and Summary of Errors
In the FY 2013 Hospital Inpatient Prospective Payment Systems for
Acute Care Hospitals and the Long-Term Care Hospital Prospective
Payment System final rule (hereinafter referred to as the FY 2013 IPPS/
LTCH PPS final rule) (FR Doc. 2012-19079 of August 31, 2012 (77 FR
53258)), there were several typographical and technical errors in the
regulations text that are identified and corrected in this correcting
amendment. The provisions in this correcting amendment apply to long-
term care hospital (LTCH) prospective payment system (PPS) payments.
In finalizing the regulations text changes for the FY 2013 LTCH PPS
provisions (77 FR 53680), we made the following errors:
In Sec. 412.534(h)(6), we inadvertently omitted
regulations text that specified our methodology for determining the
percentage of discharges during a LTCH's or satellite facility's cost
reporting period beginning on or after July 1, 2012 and before October
1, 2012 that will not be counted towards the 25-percent threshold
during such cost reporting period.
In Sec. 412.536(a)(3)(i)--
++ We inadvertently omitted regulations text that specified the
discharges to which the 25-percent payment adjustment threshold policy
applies for LTCHs with cost reporting periods beginning on or after
July 1, 2012 and before October 1, 2012; and
++ We made an error in the timeframe during which the 25-percent
payment adjustment threshold policy will not apply for certain LTCHs
(that is, those LTCHs with a cost reporting period beginning on or
after July 1, 2012 and before October 1, 2012).
In Sec. 412.536(a)(3)(ii), we made an error in citing the
timeframe during which the 25-percent payment adjustment threshold
policy is in effect for certain LTCHs (that is, those LTCHs with a cost
reporting period beginning on or after July 1, 2012 and before October
1, 2012), as well as an error in the timeframe during which discharges
occurring during such LTCHs' cost reporting periods will not be counted
towards the 25-percent threshold.
We are correcting these regulations text errors to ensure that the
regulations text reflects the finalized 25-percent payment adjustment
threshold policy set forth in the preamble of the final rule (77 FR
53483 through 53486).
II. Waiver of Proposed Rulemaking and Delay in the 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.
We find that there is good cause to waive both the notice and
comment and delayed effective date requirements. Undertaking further
notice and comment procedures to incorporate the corrections in this
document into the final rule or delaying the effective date would be
contrary to the public interest. We believe it is in the public
interest for our regulation text to accurately reflect the policy on
the 25-percent payment adjustment threshold which was adopted in the FY
2013 IPPS/LTCH PPS final rule. Therefore delaying the effective date of
these corrections 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 the FY 2013 IPPS/LTCH PPS final rule. As indicated
previously, this correcting amendment corrects technical and
typographical errors in the regulations text of the FY 2013 IPPS/LTCH
PPS final rule and does not make substantive changes to the policies or
payment methodologies that were adopted in the final rule. As a result,
this correcting amendment is intended to ensure that the regulations
text accurately reflects the policies adopted in the FY 2013 IPPS/LTCH
PPS final rule. Therefore, for the reasons set forth previously, we
believe we have good cause to waive the notice and comment and
effective date requirements.
List of Subjects for 42 CFR Part 412
Administrative practice and procedure, Health facilities, Medicare,
Puerto Rico, Reporting and recordkeeping requirements.
As noted in section I. of this correcting amendment, the Centers
for Medicare & Medicaid Services is making the following correcting
amendments to 42 CFR part 412:
PART 412--PROSPECTIVE PAYMENT SYSTEMS FOR INPATIENT HOSPITAL
SERVICES
0
1. The authority citation for Part 412 continues to read as follows:
Authority: Secs. 1102 and 1871 of the Social Security Act (42
U.S.C. 1302 and 1395hh), and sec. 124 of Pub. L. 106-113 (113 Stat.
1501A-332).
0
2. Amend Sec. 412.534 as follows:
0
A. Redesignating paragraph (h)(6)(ii) as paragraph (h)(6)(iii).
0
B. Adding a new paragraph (h)(6)(ii).
The addition reads as follows:
Sec. 412.534 Special payment provisions for long-term care hospitals
within hospitals and satellites of long-term care hospitals.
* * * * *
(h) * * *
(6) * * *
(ii) In determining whether the percentage of discharges during a
long-term care hospital's or satellite facility's cost reporting period
beginning on or after July 1, 2012 and before October 1, 2012 exceeds
the 25-percent threshold, those discharges occurring on or after
October 1, 2012 and before the beginning of the hospital's or satellite
facility's next cost reporting period will not be counted towards that
threshold.
* * * * *
Sec. 412.536 [Amend]
0
3. Amend Sec. 412.536 as follows:
0
A. Revising paragraph (a)(3)(i).
0
B. In paragraph (a)(3)(ii)--
[[Page 63753]]
(i) The phrase ``before July 1, 2013'' is removed and the phrase
``before October 1, 2012'' is added in its place.
(ii) The phrase ``before October 1, 2013,'' is removed and the
phrase ``before the beginning of the hospital's next cost reporting
period,'' is added in is place.
The revision reads as follows:
Sec. 412.536 Special payment provisions for long-term care hospitals
and satellites of long-term care hospitals that discharged Medicare
patients admitted from a hospital not located in the same building or
on the same campus as the long-term care hospital or satellite of the
long-term care hospital.
(a) * * *
(3) * * *
(i) Payments to long-term care hospitals described in paragraph
(a)(1)(iv) of this section are determined using the methodology
specified in either paragraph (b)(1) or paragraph (b)(2) of this
section, for discharges occurring prior to October 1, 2012 during the
hospital's cost reporting period beginning on or after July 1, 2012 and
before October 1, 2012. Such policies will not be applied to the
discharges occurring on or after October 1, 2012 and before the
beginning of the hospital's next cost reporting period.
* * * * *
(Catalog of Federal Domestic Assistance Program No. 93.773,
Medicare--Hospital Insurance; and Program No. 93.774, Medicare--
Supplementary Medical Insurance Program)
Dated: October 10, 2012.
Oliver Potts,
Deputy Executive Secretary to the Department, Department of Health and
Human Services.
[FR Doc. 2012-25464 Filed 10-12-12; 4:15 pm]
BILLING CODE 4120-01-P
