Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and Fiscal Year 2014 Rates; Quality Reporting Requirements for Specific Providers; Hospital Conditions of Participation; Payment Policies Related to Patient Status; Corrections, 61197-61202 [2013-24211]
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Federal Register / Vol. 78, No. 192 / Thursday, October 3, 2013 / Rules and Regulations
V. Response to Comments
Because of the large number of public
comments we normally receive on
Federal Register documents, we are not
able to acknowledge or respond to them
individually. We will consider all
comments we receive by the date and
time specified in the DATES section of
this preamble, and, when we proceed
with a subsequent document, we will
respond to the comments in the
preamble to that document.
sroberts on DSK5SPTVN1PROD with RULES
VI. Regulatory Impact Statement
We have examined the impact of this
rule as required by Executive Order
12866 on Regulatory Planning and
Review (September 30, 1993), Executive
Order 13563 on Improving Regulation
and Regulatory Review (January 18,
2011), the Regulatory Flexibility Act
(RFA) (September 19, 1980, Pub. L.
96–354), section 1102(b) of the Social
Security Act, section 202 of the
Unfunded Mandates Reform Act of 1995
(March 22, 1995, Pub. L. 104–4),
Executive Order 13132 on Federalism
(August 4, 1999) and the Congressional
Review Act (5 U.S.C. 804(2)).
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. A
regulatory impact analysis (RIA) must
be prepared for major rules with
economically significant effects ($100
million or more in any 1 year). The
monetary impact of this final rule is
approximately a $15 million increase in
payments to hospitals relative to the
estimates included in the FY 2014 IPPS/
LTCH PPS final rule. Therefore, this
interim final rule with comment period
does not reach the economic threshold
and thus is not considered a major rule.
The RFA requires agencies to analyze
options for regulatory relief of small
entities if a rule has a significant impact
on a substantial number of small
entities. For purposes of the RFA, small
entities include small businesses,
nonprofit organizations, and small
governmental jurisdictions. Most
hospitals and most other providers and
suppliers are small entities, either by
nonprofit status or by having revenues
of less than $7.0 million to $35.5
million in any 1 year. Individuals and
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States are not included in the definition
of a small entity. For purposes of the
RFA, all hospitals and other providers
and suppliers are considered to be small
entities. Individuals and States are not
included in the definition of a small
entity. We believe that this interim final
rule with comment period will have an
impact on small entities.
In addition, section 1102(b) of the Act
requires us to prepare a regulatory
impact analysis if a rule may have a
significant impact on the operations of
a substantial number of small rural
hospitals. This analysis must conform to
the provisions of section 604 of the
RFA. With the exception of hospitals
located in certain New England
counties, for purposes of section 1102(b)
of the Act, we define a small rural
hospital as a hospital that is located
outside a metropolitan statistical area
and has fewer than 100 beds. Section
601(g) of the Social Security
Amendments of 1983 (Pub. L. 98–21)
designated hospitals in certain New
England counties as belonging to the
adjacent urban area. Thus, for purposes
of the IPPS and the LTCH PPS, we
continue to classify these hospitals as
urban hospitals. (We refer readers to
Table I in section I.G. of the Appendix
for the FY 2014 IPPS/LTCH PPS final
rule for the quantitative effects of the
final policy changes under the IPPS for
operating costs.)
Section 202 of the Unfunded
Mandates Reform Act of 1995 also
requires that agencies assess anticipated
costs and benefits before issuing any
rule whose mandates require spending
in any 1 year of $100 million in 1995
dollars, updated annually for inflation.
In 2013, that threshold is approximately
$141 million. This interim final rule
with comment period will have no
consequential effect on State, local, or
tribal governments, nor will it affect
private sector costs.
Executive Order 13132 establishes
certain requirements that an agency
must meet when it promulgates a final
rule that imposes substantial direct
requirement costs on State and local
governments, preempts State law, or
otherwise has Federalism implications.
Since this regulation does not impose
any costs on State or local governments,
the requirements of Executive Order
13132 are not applicable.
In accordance with the provisions of
Executive Order 12866, this rule was
not reviewed by the Office of
Management and Budget.
(Catalog of Federal Domestic Assistance
Program No. 93.773, Medicare—Hospital
Insurance; and Program No. 93.774,
Medicare—Supplementary Medical
Insurance Program)
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61197
Dated: September 27, 2013.
Marilyn Tavenner,
Administrator, Centers for Medicare &
Medicaid Services.
Approved: September 27, 2013.
Kathleen Sebelius,
Secretary, Department of Health and Human
Services.
[FR Doc. 2013–24209 Filed 9–30–13; 4:15 pm]
BILLING CODE 4120–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 412, 482, 485, and 489
[CMS–1599 & 1455–CN2]
RINs 0938–AR53 and 0938–AR73
Medicare Program; Hospital Inpatient
Prospective Payment Systems for
Acute Care Hospitals and the LongTerm Care Hospital Prospective
Payment System and Fiscal Year 2014
Rates; Quality Reporting Requirements
for Specific Providers; Hospital
Conditions of Participation; Payment
Policies Related to Patient Status;
Corrections
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Final rule; correction.
AGENCY:
This document corrects
technical and typographical errors in
the final rules that appeared in the
August 19, 2013 Federal Register titled
‘‘Medicare Program; Hospital Inpatient
Prospective Payment Systems for Acute
Care Hospitals and the Long-Term Care
Hospital Prospective Payment System
and Fiscal Year 2014 Rates; Quality
Reporting Requirements for Specific
Providers; Hospital Conditions of
Participation; Payment Policies Related
to Patient Status.’’
DATES: This correcting document is
effective October 1, 2013.
FOR FURTHER INFORMATION CONTACT: Tzvi
Hefter, (410) 786–4487.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
In FR Doc. 2013–18956, which
appeared in the August 19, 2013
Federal Register (78 FR 50496), there
were a number of technical errors that
are identified and corrected in the
Correction of Errors section. The
provisions in this correction document
are effective as if they had been
included in the document that appeared
in the August 19, 2013 Federal Register.
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B. Summary of Errors in and Corrections
to Files and Tables Posted on the CMS
Web Site
Accordingly, the corrections are
effective October 1, 2013.
II. Summary of Errors
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A. Errors in the Preamble
On page 50546, in our discussion of
the four new procedure codes, we
inadvertently made a typographical
error in the effective date.
On page 50591, we made a
typographical error in the number of
hospitals approved for reclassification
in FY 2013.
On pages 50630, 50631, 50634, 50641,
and 50642, in our discussion of
disproportionate share hospitals (DSHs),
we made inadvertent errors in the: (1)
Actuarial estimate of the aggregate
amount of Medicare DSH payments for
FY 2014 without regard to section
1886(r)(1) of the Social Security Act (the
Act); (2) actuarial estimate of the
aggregate amount of empirically
justified Medicare DSH payments for FY
2014 with the application of section
1886(r)(1) of the Act; (3) calculation of
Factor 1; (4) determination of the
amount available for uncompensated
care payments for 2014; and (5) number
of hospitals that we projected to be
eligible to receive a Medicare DSH
payment in FY 2014.
On page 50678, in our discussion of
Hospital Value-Based Purchasing
(HVBP) Program FY 2014 payment
details, we made an inadvertent error in
the slope of the linear exchange
function that was used to calculate the
updated proxy value-based incentive
payment adjustment factors in Table
16A.
On page 50772, in our discussion of
the LTCH PPS 25-percent threshold
payment adjustment, we inadvertently
misstated the time period for the
application of the policy.
On page 50859, in our discussion of
LTCH CARE Data, we inadvertently
misstated commenter’s statement.
On page 50867, in our discussion of
the LTCH Quality Reporting (LTCHQR)
Program, we made a technical error in
describing a type of claim-based
measure.
On pages 50854, 50855, 50856, 50862,
50864, 50866, and 50876 in our
discussion of the LTCHQR Program, we
made grammatical errors.
On pages 50855, 50858, 50859, 50860,
50861, 50871, 50876, 50879, 50880,
50881, and 50882 in our discussion
regarding the LTCHQR Program
measures, we made typographical and
technical errors in referencing an NQFendorsed measure name.
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1. Errors and Corrections to the
Medicare DSH Files
Supplemental Medicare DSH File.—
FY 2014 Uncompensated Care Payment
Factors. For the FY 2014 IPPS/LTCH
PPS Final Rule, we published a list of
hospitals that we identified to be
subsection (d) hospitals and subsection
(d) Puerto Rico hospitals eligible to
receive empirically justified Medicare
DSH payment adjustments and
uncompensated care payments for FY
2014. As stated in the FY 2014 IPPS/
LTCH PPS final rule (78 FR 50642), we
allowed the public an additional period
after the issuance of the final rule to
contact us with comments on whether
any of the hospitals should be removed
from the list or if any hospitals should
be added to the list, based on their
subsection (d) status. Based on the
comments received during this
additional period, we are making
several corrections to the Supplemental
Medicare DSH File. First, in calculating
Factor 3 of the uncompensated care
payment methodology, we inadvertently
excluded the FY 2011 SSI days and the
Medicaid days from the most recently
available 2011 or 2010 cost report for
certain providers that were projected to
receive Medicare DSH in FY 2014.
These providers had submitted their
2010 and/or 2011 Medicare hospital
cost reports to their Medicare contractor
prior to the March 2013 update of
HCRIS but the Medicare contactor had
been unable to upload either the 2010
or 2011 Medicare hospital cost reports
in a timely manner to be included in the
March 2013 update of HCRIS. As a
result, the Medicaid days for these
providers were inadvertently excluded
from the calculation of Factor 3. In
addition, due to a programming error,
these providers had SSI days reported
for their FY 2011 SSI ratios that were
inadvertently excluded in the
calculation of their Factor 3. The
Medicaid days and SSI days for these
providers were excluded from the
numerator of Factor 3 for the affected
providers and from the denominator of
Factor 3 for all providers. Second, as a
result of the exclusion of these Medicare
hospital cost reports from the March
2013 update of HCRIS, the Medicare
DSH payments for these providers were
not included in the Office of the
Actuary’s Medicare DSH estimates for
the calculation of Factor 1. Third, seven
providers listed as eligible to receive
Medicare DSH payments are no longer
subsection(d) hospitals and have been
removed from the list of hospitals
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eligible to receive empirically justified
Medicare DSH payment adjustments
and uncompensated care payments for
FY 2014. We are changing the number
of hospitals that are eligible to receive
empirically justified Medicare DSH
payment adjustments and
uncompensated care payments for FY
2014. In order to correct these errors, we
have revised Factor 3 for all hospitals to
incorporate the changes to the data.
Specifically, to account for the removal
of hospitals that are not subsection (d)
hospitals and the addition of data for
the two hospitals whose data was
inadvertently excluded from the
calculation of Factor 3, we have
recalculated the denominator of Factor
3 for all hospitals. In addition, we have
also recalculated the numerator of
Factor 3 for the hospitals that had data
inadvertently excluded. We have also
revised Factor 1 to include in our
estimates the Medicare DSH payments
for the providers whose Medicare
hospital cost report data was not
included in the March 2013 update of
HCRIS.
2. Errors in and Corrections to the IPPS
Tables
We are correcting the errors in the
following IPPS tables that are listed on
page 51002 of FY 2014 IPPS/LTCH PPS
final rule and are available on the
Internet on the CMS Web site at https://
www.cms.gov/Medicare/Medicare-Feefor-Service-Payment/
AcuteInpatientPPS/FY-2014-IPPSProposed-Rule-Home-Page.html:
In Table 2.—Acute Care Hospitals
Case-Mix Indexes for Discharges
Occurring in Federal Fiscal Year 2012;
Hospital Wage Indexes for Federal
Fiscal Year 2014; Hospital Average
Hourly Wages for Federal Fiscal Years
2012 (2008 Wage Data), 2013 (2009
Wage Data), and 2014 (2010 Wage Data);
and 3-Year Average of Hospital Average
Hourly Wages. We determined that we
used incorrect wages and hours for
provider 040029 located in core-based
statistical area (CBSA) 30780. Therefore,
we are correcting the FY 2014 wage
indexes for the following providers in,
or reclassified into, CBSA 30780:
040007, 040014, 040016, 040029,
040036, 040041, 040071, 040074,
040084, 040114, 040119, 040134,
040137, and 040147. In addition, for
provider 040029, we are correcting the
average hourly wage FY 2014, and the
average hourly wage (3 Years). We also
are making a correction to the FY 2014
wage index of provider 330386 because
we inadvertently did not treat provider
330386 as being redesignated under
section 1886(d)(8)(B) of the Act to CBSA
39100. By treating provider 330386 as
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being redesignated under section
1886(d)(8)(B) of the Act to CBSA 39100,
the reclassified wage index of CBSA
39100 is changing as well. Since
provider 330224 is reclassifying into
CBSA 39100, provider 330224’s FY
2014 wage index is being corrected
accordingly.
In Table 3A.—FY 2014 and 3-Year
Average Hourly Wage for Acute Care
Hospitals in Urban Areas by CBSA. We
determined that we used incorrect
wages and hours for provider 040029
located in CBSA 30780. Therefore, we
are correcting the FY 2014 average
hourly wage and the 3-year average
hourly wage for CBSA 30780, Little
Rock-North Little Rock-Conway, AR.
In Table 4A.—Wage Index and Capital
Geographic Adjustment Factor (GAF) for
Urban Areas by CBSA and by State—FY
2014. We determined that we used
incorrect wages and hours for provider
040029 located in CBSA 30780.
Therefore, for CBSA 30780, Little RockNorth Little Rock-Conway, AR, we are
correcting the data in the columns titled
‘‘Wage Index’’ and ‘‘GAF.’’
In Table 4C.—Wage Index and Capital
Geographic Adjustment Factor (GAF)
For Hospitals That Are Reclassified by
CBSA and by State—FY 2014. We
determined that we used incorrect
wages and hours for provider 040029
located in CBSA 30780. Therefore, for
CBSA 30780, Little Rock-North Little
Rock-Conway, AR, we are correcting the
data in the columns titled ‘‘Wage Index’’
and ‘‘GAF.’’ We are also correcting the
data in the columns titled ‘‘Wage Index’’
and ‘‘GAF’’ for CBSA 39100,
Poughkeepsie-Newburgh-Middletown,
NY, because we inadvertently did not
treat provider 330386 as being
redesignated under section
1886(d)(8)(B) of the Act to CBSA 39100,
and therefore, we inadvertently
excluded the data of provider 330386
from the calculation of the wage index
and GAF for CBSA 39100.
In Table 4J.—Out-Migration
Adjustment for Acute Care Hospitals—
FY 2014. First, the column titled
‘‘Reclassified for FY 2013’’ is being
corrected to read ‘‘Reclassified for FY
2014’’. Second, we determined that we
used incorrect wages and hours for
provider 040029 located in CBSA
30780. As a result, we are adjusting the
wage index for CBSA 30780, which, in
turn, changes the out-migration
adjustment of certain providers located
in counties that are receiving an outmigration adjustment based on
commuting into a county located within
CBSA 30780. Specifically, we are
correcting the value in the column titled
‘‘Out-Migration Adjustment’’ of
providers 040014, 040071, and 040076.
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Third, we inadvertently did not treat
provider 330386 as being redesignated
under section 1886(d)(8)(B) of the Act to
CBSA 39100. Because we had not
treated provider 330386 as being
redesignated under section
1886(d)(8)(B) of the Act, we had listed
provider 330386 in Table 4J as receiving
the out-migration adjustment. However,
since a hospital that is redesignated
under section 1886(d)(8)(B) of the Act
cannot simultaneously receive the outmigration adjustment, we are correcting
Table 4J for provider 330386 by placing
an asterisk in the column titled
‘‘Reclassified for FY 2014’’ (previously
incorrectly titled ‘‘Reclassified for FY
2013’’), indicating that this provider is
not receiving the out-migration
adjustment.
In Table 9A.—Hospital
Reclassifications and Redesignations—
FY 2014. We inadvertently did not treat
provider 330386 as being redesignated
from rural to urban under section
1886(d)(8)(B) of the Act. We are
correcting Table 9A to include provider
330386 as being redesignated from the
geographic CBSA of 33 to the
reclassified CBSA of 39100, and
indicating LUGAR in the column titled
‘‘LUGAR’’.
In Table 15.—FY 2014 Readmissions
Adjustment Factors, we are correcting a
technical error in the calculation of the
readmissions adjustment factors. For
some hospitals, we inadvertently
included high cost outlier payments in
determining the base operating DRG
payment amounts in the calculation of
aggregate payments for excess
readmissions and aggregate payments
for all discharges that were used to
calculate the readmissions adjustment
factors published for the FY 2014 IPPS/
LTCH final rule. As specified in the
definitions in § 412.152, the base
operating DRG payment amount does
not include any additional payments for
high cost outliers under subpart F of 42
CFR part 412. The technical correction
to the determination of the base
operating DRG payment amounts
changes the readmissions payment
adjustment factor for some hospitals in
Table 15 by a small amount.
In Table 16A.—Updated Proxy
Hospital Inpatient Value-Based
Purchasing (VBP) Program Adjustment
Factors for FY 2014. Due to a technical
error in including high cost outlier
payments for some hospitals in the
proxy Hospital VBP Program adjustment
factors calculations, we are correcting
the proxy Hospital VBP Program
adjustment factors for all hospitals
listed in the table.
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61199
3. Errors in and Corrections to a LTCH
PPS Table
We are also correcting the errors in
the following LTCH PPS table that is
listed on page 51002 of the FY 2014
IPPS/LTCH PPS final rule and that
available on the Internet on the CMS
Web site at https://www.cms.gov/
Medicare/Medicare-Fee-for-ServicePayment/LongTermCare HospitalPPS/
index.html.
Table 12A.—LTCH PPS Wage Index
for Urban Areas for Discharges
Occurring from October 1, 2013 through
September 30, 2014. Due to a technical
error found in the data of a provider in
CBSA 30780, we are correcting the
LTCH PPS wage index value for that
CBSA.
III. Waiver of Proposed Rulemaking
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.
In our view, this correcting document
does not constitute a rule that would be
subject to the APA notice and comment
or delayed effective date requirements.
This correcting document corrects
technical and typographical errors in
the preamble and tables posted on the
CMS Web site but does not make
substantive changes to the policies or
payment methodologies that were
adopted in the final rule. As a result,
this correcting document is intended to
ensure that the preamble and tables
posted on the CMS Web site accurately
reflect the policies adopted in that final
rule.
In addition, even if this were a rule to
which the notice and comment and
delayed effective date requirements
applied, we find that there is good cause
to waive such requirements.
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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
because it is in the public’s interest for
providers to receive appropriate
payments in as timely a manner as
possible. 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.
Correction of Errors
In FR Doc. 2013–18956 of August 19,
2013 (78 FR 50496), make the following
corrections:
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A. Corrections of Errors in the Preamble
1. On page 50546, first column,
second full paragraph, lines 17 and 18,
the date, ‘‘October 1, 2014’’ is corrected
to read ‘‘October 1, 2013.’’
2. On page 50591, third column, last
full paragraph, line 15, the figure ‘‘196’’
is corrected to read ‘‘169’’.
3. On page 50630, third column, last
paragraph,
a. Line 12, the figure ‘‘$12.772’’ is
corrected to read ‘‘$12.775’’.
b. Line 26, the figure ‘‘$3.193’’ is
corrected to read ‘‘$3.194’’.
4. On page 50631, first column, first
paragraph, line 3, the figure ‘‘$9.579’’ is
corrected to read ‘‘$9.581’’.
5. On page 50634, first column,
second full paragraph,
a. Line 9, the figure ‘‘$9.033’’ is
corrected to read ‘‘$9.035’’.
b. Line 10, the figure ‘‘9.579’’ is
corrected to read ‘‘$9.581’’.
6. On page 50641, third column,
second full paragraph,
a. Line 12, the figure ‘‘2,695’’ is
corrected to read ‘‘2687’’.
b. Line 17, the figure ‘‘2,437’’ is
corrected to read ‘‘2430’’.
7. On page 50642, first column, first
paragraph,
a. Line 2,
(1) The figure ‘‘2,437’’ is corrected to
read ‘‘2,430’’.
(2) The figure ‘‘72’’ is corrected to
read ‘‘71’’.
b. Line 7, the figure ‘‘2,437’’ is
corrected to read ‘‘2430’’.
8. On page 50678, top two-thirds of
the page, second column, partial
paragraph, line 30, the figure
‘‘1.8363321306’’ is corrected to read
‘‘1.8363054116.’’
9. On page 50772, bottom third of the
page, second column, third paragraph,
lines 9 through 11, the phrase ‘‘applied
to discharges occurring on or after
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October 1, 2013.’’ is corrected to read
‘‘applied for cost reporting periods
beginning on or after October 1, 2013.’’
10. On page 50854, first column,
a. First full paragraph, last two lines,
the phrase ‘‘testing and development’’ is
corrected to read ‘‘measure testing and
development’’.
b. Second full paragraph,
(1) Line 8, the phrase ‘‘that are fully’’
is corrected to read ‘‘that are either
fully’’.
(2) Last line through the second
column first partial paragraph line 1, the
phrase ‘‘why a particular measure is
high priority’’ is corrected to read ‘‘why
particular measures are high priority’’.
11. On page 50855,
a. First column, second full
paragraph, lines 31 through 33, the
phrase ‘‘when LTCHs are required to
submit data on the new measures we
included in the proposed rule.’’ is
corrected to read ‘‘LTCHs are required
to submit data on the new measures.’’
b. Second column, first partial
paragraph, line 9, the phrase ‘‘we refer
readers to that final rule’’ is corrected to
read ‘‘we refer readers to the FY 2013
IPPS/LTCH PPS final rule’’.
c. Third column,
(1) First partial paragraph, lines 7 and
8, the phrase ‘‘More specifically, this
commenter’’ is corrected to read ‘‘More
specifically, these commenters’’.
(2) Last paragraph, line 6, the phrase
‘‘compliance for October 1, 2012’’ is
corrected to read ‘‘compliance for the
October 1, 2012’’.
12. On page 50856,
a. Upper third of the page, first
column, second partial paragraph, line
4, the phrase ‘‘that it will use’’ is
corrected to read ‘‘that we will use’’.
b. Lower two-thirds of the page, third
column, last paragraph, lines 13 and 14,
the phrase ‘‘an healthcare-associated
infection (HAI)’’ is corrected to read ‘‘a
healthcare-associated infection (HAI)’’.
13. On page 50858, lower two-thirds
of the page, second column, last
paragraph, line 3, the phrase ‘‘NQF
#0680, Percentage’’ is corrected to read
‘‘NQF #0680, Percent’’.
14. On pages 50859,
a. Upper third of the page, in the
table, PROPOSED TIMELINE FOR
SUBMISSION OF LTCHQR PROGRAM
QUALITY DATA FOR THE FY 2016
AND FY 2017 PAYMENT
DETERMINATIONS: NQF #0680
PERCENTAGE OF RESIDENTS OR
PATIENTS WHO WERE ASSESSED
AND APPROPRIATELY GIVEN THE
SEASONAL INFLUENZA VACCINE
[Short Stay], in the table heading, line
2, the phrase ‘‘PERCENTAGE OF
RESIDENTS’’ is corrected to read
‘‘PERCENT OF RESIDENTS’’.
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b. Lower two-thirds of the page,
second column,
(1) Third full paragraph, line 18, the
phrase ‘‘calculation of the measure’’ is
corrected to read ‘‘calculation and
public reporting of the measure’’.
(2) Last paragraph, line 2, the phrase
‘‘CMS align the data’’ is corrected to
read ‘‘CMS update the data’’.
15. On page 50860,
a. First column, first partial
paragraph, line 18, the phrase ‘‘LTCHs
to show if’’ is corrected to read ‘‘LTCHs
to report whether’’.
b. Second column, second paragraph,
line 19, the parenthetical phrase ‘‘(shortstay)’’ is corrected to read ‘‘(ShortStay)’’.
c. Third column,
(1) Third full paragraph,
(a) Lines 13 and 14, the parenthetical
phrase ‘‘(short-stay)’’ is corrected to read
‘‘(Short-Stay)’’.
(b) Line 17, the parenthetical phrase
‘‘(short-stay)’’ is corrected to read
‘‘(Short-Stay)’’.
(c) Line 26, the phrase ‘‘measure and
endorsement by’’ is corrected to read
‘‘measure and endorsed by’’.
(2) Last paragraph, lines 5 and 6, the
parenthetical phrase ‘‘(short-stay)’’ is
corrected to read ‘‘(Short-Stay)’’.
16. On page 50861, upper half of the
page,
a. Third column, partial paragraph,
line 5, the parenthetical phrase ‘‘(shortstay)’’ is corrected to read ‘‘(ShortStay)’’.
b. In the table, FINAL TIMELINE FOR
SUBMISSION OF LTCHQR PROGRAM
QUALITY DATA FOR THE FY 2016
AND FY 2017 PAYMENT
DETERMINATIONS: NQF #0680
PERCENTAGE OF RESIDENTS OR
PATIENTS WHO WERE ASSESSED
AND APPROPRIATELY GIVEN THE
SEASONAL INFLUENZA VACCINE
[Short Stay], in the table heading, line
2, the phrase ‘‘PERCENTAGE OF
RESIDENTS’’ is corrected to read
‘‘PERCENT OF RESIDENTS’’.
17. On page 50862,
a. First column, third full paragraph,
lines 5 and 6, the phrase, ‘‘setting and
NQF endorsement for LTCH setting’’ is
corrected to read ‘‘setting and to obtain
NQF endorsement for the LTCH
setting’’.
b. Second column,
(1) First full paragraph, lines 23 and
24, the phrase ‘‘SNF/nursing home
patient population’’ is corrected to read
‘‘SNF/nursing home short-stay resident
population’’.
(2) Second full paragraph, line 4, the
phrase ‘‘ulcers and is committed’’ is
corrected to read ‘‘ulcers, and we are
committed’’.
18. On page 50864, second column,
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Federal Register / Vol. 78, No. 192 / Thursday, October 3, 2013 / Rules and Regulations
a. First full paragraph, line 5, the
phrase ‘‘commenters urge’’ is corrected
to read ‘‘commenters urged’’.
b. Third full paragraph, line 1, the
phrase ‘‘noted it is’’ is corrected to read
‘‘noted that is it’’.
19. On page 50866, second column,
first partial paragraph, line 19, the
phrase ‘‘and measuring infection rates
is’’ is corrected to read ‘‘and measuring
infection rates are’’.
20. On page 50867,
a. First column, second full
paragraph, line 11, the phrase ‘‘LTCHQR
measure scores’’ is corrected to read
‘‘LTCHQR Program measures scores’’.
b. Third column, first partial
paragraph, line 9, the phrase ‘‘claimsbased MRSA’’ is corrected to read
‘‘claims-based CDI’’.
21. On page 50869, third column, first
full paragraph, lines 22 and 23, the
phrase ‘‘discharge, or the date of patient
death’’ is corrected to read ‘‘discharge or
until the date of the patient’s death’’.
22. On page 50870, first full
paragraph, lines 5 and 6, the phrase
‘‘discharge date, or date of death’’ is
corrected to read ‘‘discharge or until the
date of the patient’s death’’.
23. On page 50871,
a. Second column, last paragraph, line
6, the phrase ‘‘but note that but note
that’’ is corrected to read ‘‘but note
that’’.
b. Third column, third full paragraph,
line 11, the phrase ‘‘are typically not’’
is corrected to read ‘‘is typically not’’.
24. On page 50872,
a. First column, last paragraph, lines
10 and 11, the phrase ‘‘LTCH
harmonizes’’ is corrected to read ‘‘LTCH
readmission measure harmonizes’’.
b. Second column, third full
paragraph,
(1) Line 1, the phrase ‘‘Some
comments’’ is corrected to read ‘‘Some
commenters’’.
(2) Line 5, the phrase ‘‘They suggest’’
is corrected to read ‘‘They suggested’’.
25. On page 50873,
a. Second column,
(1) First full paragraph, line 25, the
phrase ‘‘readmissions are considered’’ is
corrected to read ‘‘readmissions were
considered’’.
(2) Last paragraph, lines 1 and 2, the
phrase ‘‘The two years of data for each
report period’’ is corrected to read ‘‘The
2 years of data for each reporting
period’’.
b. Third column, first full paragraph,
line 1, the phrase ‘‘Some commenters
are’’ is corrected to read ‘‘Some
commenters were’’.
26. On page 50875, second column,
first full paragraph,
a. Line 1, the phrase ‘‘We note that,’’
is corrected to read ‘‘We noted that,’’.
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15:47 Oct 02, 2013
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b. Line 14, the phrase ‘‘LTCH setting’’
is corrected to read ‘‘the LTCH setting’’.
27. On page 50876, second column,
a. First partial paragraph, line 1, the
phrase ‘‘but it concluded’’ is corrected
to read ‘‘it concluded’’.
b. Last paragraph, line 14 through the
third column first partial paragraph, the
sentences ‘‘In this instance, for example,
an application of the Percent of
Residents Experiencing One or More
Falls with Major Injury (Long Stay)
measure (NQF #0674) is NQF-endorsed
for the LTCH setting, an indication that
it is appropriate for LTCH patients. In
addition, this measure is appropriate in
light of the fact that fall-related injury is
an important patient safety concern for
LTCH patients. For the reasons listed
above, this measure is appropriate for
LTCH patients.’’ are corrected to read
‘‘In light of the TEP feedback and the
fact that fall-related injury is an
important patient safety concern for
patients in health care settings,
including LTCHs, this measure is
appropriate for the LTCHQR Program.’’
28. On page 50879,
a. First column, fourth full paragraph
(section heading), line 5, the
parenthetical phrase ‘‘(Short Stay)’’ is
corrected to read ‘‘(Short-Stay)’’.
b. Second column,
(1) First partial paragraph, line 1, the
parenthetical phrase ‘‘(Short Stay)’’ is
corrected to read ‘‘(Short-Stay)’’.
(2) First full paragraph,
(a) Line 8, the page reference
‘‘277322’’ is corrected to read ‘‘27732’’.
(b) Lines 16 and 17, the phrase ‘‘Data
collection and submission of this
measure will continue’’ is corrected to
read ‘‘We proposed in the FY 2014
IPPS/LTCH PPS proposed rule (78 FR
27722 and 27723) that data collection
and submission for this measure would
continue’’.
29. On page 50880, upper half of the
page, the table, TIMELINE FOR
SUBMISSION OF LTCHQR PROGRAM
QUALITY DATA FOR THE FY 2016
PAYMENT DETERMINATION: NQF
#0680 PERCENTAGE OF RESIDENTS
OR PATIENTS WHO WERE ASSESSED
AND APPROPRIATELY GIVEN THE
SEASONAL INFLUENZA VACCINE
(SHORT STAY), in the table heading,
a. Line 2, the phrase ‘‘PERCENTAGE
OF RESIDENTS’’ is corrected to read
‘‘PERCENT OF RESIDENTS’’.
b. Line 3, the parenthetical phrase
‘‘(SHORT STAY)’’ is corrected to read
‘‘(SHORT-STAY)’’.
30. On page 50881, lower two-thirds
of the page, the table, TIMELINE FOR
SUBMISSION OF LTCHQR PROGRAM
QUALITY DATA FOR THE FY 2017
PAYMENT DETERMINATION: NQF
#0680 PERCENTAGE OF RESIDENTS
PO 00000
Frm 00049
Fmt 4700
Sfmt 4700
61201
OR PATIENTS WHO WERE ASSESSED
AND APPROPRIATELY GIVEN THE
SEASONAL INFLUENZA VACCINE
(SHORT STAY), in the table heading,
a. Line 2, the phrase ‘‘PERCENTAGE
OF RESIDENTS’’ is corrected to read
‘‘PERCENT OF RESIDENTS’’.
b. Line 3, the parenthetical phrase
‘‘(SHORT STAY)’’ is corrected to read
‘‘(SHORT-STAY)’’.
31. On page 50882, lower two-thirds
of the page,
a. In the table, TIMELINE FOR
SUBMISSION OF LTCHQR PROGRAM
QUALITY DATA FOR THE FY 2018
PAYMENT DETERMINATION FOR ALL
MEASURES EXCEPT #0431
INFLUENZA VACCINATION
COVERAGE AMONG HEALTH CARE
PERSONNEL AND #0680 PERCENTAGE
OF RESIDENTS OR PATIENTS WHO
WERE ASSESSED AND
APPROPRIATELY GIVEN THE
SEASONAL INFLUENZA VACCINE
(SHORT STAY), in the table heading,
(1) Line 2, the phrase ‘‘EXCEPT
#0431’’ is corrected to read ‘‘EXCEPT
NQF #0431’’.
(2) Lines 1 and 2, the phrase ‘‘# 0680
PERCENTAGE OF RESIDENTS’’ is
corrected to read ‘‘NQF # 0680
PERCENT OF RESIDENTS’’.
(3) Line 3, the parenthetical phrase
‘‘(SHORT STAY)’’ is corrected to read
‘‘(SHORT-STAY)’’.
b. In the table TIMELINE FOR
SUBMISSION OF LTCHQR PROGRAM
QUALITY DATA FOR THE FY 2018
PAYMENT DETERMINATION: #0680
PERCENTAGE OF RESIDENTS OR
PATIENTS WHO WERE ASSESSED
AND APPROPRIATELY GIVEN THE
SEASONAL INFLUENZA VACCINE
(SHORT STAY), in the table heading,
(1) Lines 2 and 3, the phrase ‘‘# 0680
PERCENTAGE OF RESIDENTS’’ is
corrected to read ‘‘NQF # 0680
PERCENT OF RESIDENTS’’.
(2) Line 4, the parenthetical phrase
‘‘(SHORT STAY)’’ is corrected to read
‘‘(SHORT-STAY)’’.
32. On page 50887, second column,
first full paragraph, line 2, the phrase
‘‘two-percentage point reduction’’ is
corrected to read ‘‘2.0 percentage point
reduction’’.
(Catalog of Federal Domestic Assistance
Program No. 93.778, Medical Assistance
Program)
(Catalog of Federal Domestic Assistance
Program No. 93.773, Medicare—Hospital
Insurance; and Program No. 93.774,
Medicare—Supplementary Medical
Insurance Program)
E:\FR\FM\03OCR1.SGM
03OCR1
61202
Federal Register / Vol. 78, No. 192 / Thursday, October 3, 2013 / Rules and Regulations
Dated: September 30, 2013.
Oliver Potts,
Deputy Executive Secretary to the
Department, Department of Health and
Human Services.
Manual (CMS Publication 100–02) was
inadvertently abbreviated incorrectly.
B. Summary of Errors in the Addenda
On pages 47969 through 47975, in
Table A: FY 2014 Wage Index for Urban
Areas Based on CBSA Labor Market
Areas, we inadvertently included
several incorrect urban area titles for
certain core-based statistical areas
(CBSAs). As the result of receiving a
corrected hospital cost report file, we
also determined that we had
inadvertently used incorrect wage data
in calculating the wage index value for
CBSA 30780 (Little Rock-North Little
Rock-Conway AR), producing an
incorrect wage index value for this
CBSA.
[FR Doc. 2013–24211 Filed 9–30–13; 4:15 pm]
BILLING CODE 4120–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 413 and 424
[CMS–1446–CN]
RIN 0938–AR65
Medicare Program; Prospective
Payment System and Consolidated
Billing for Skilled Nursing Facilities for
FY 2014; Correction
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Final rule; correction.
AGENCY:
This document corrects
technical errors that appeared in the
final rule published in the August 6,
2013, Federal Register entitled
‘‘Medicare Program; Prospective
Payment System and Consolidated
Billing for Skilled Nursing Facilities for
FY 2014.’’
DATES: These corrections are effective
October 1, 2013.
FOR FURTHER INFORMATION CONTACT: John
Kane, (410) 786–0557.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
In FR Doc. 2013–18776 of August 6,
2013 (78 FR 47936), there were a
number of technical errors that are
identified and corrected in the
Correction of Errors section below. The
provisions in this correction document
are effective as if they had been
included in FR Doc. 2013–18776
published August 6, 2013, hereinafter
referred to as the FY 2014 SNF PPS final
rule. Accordingly, the corrections are
effective October 1, 2013.
II. Summary of Errors
sroberts on DSK5SPTVN1PROD with RULES
A. Summary of Errors in the Preamble
On page 47958, in our discussion of
consolidated billing, a citation to the
Medicare Claims Processing Manual
(CMS Publication 100–04) was
inadvertently abbreviated incorrectly.
On page 47963, in our discussion of
ensuring accuracy in grouping to
rehabilitation RUG–IV categories, a
citation to the Medicare Benefit Policy
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15:47 Oct 02, 2013
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III. Waiver of Proposed Rulemaking
and Delayed 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 for good cause that it is
unnecessary to undertake notice and
comment rulemaking because this
document merely provides technical
corrections to the FY 2014 SNF PPS
final rule in the preamble and addenda.
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 2014 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
PO 00000
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Fmt 4700
Sfmt 4700
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 corrections 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 2014
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 30day delay in effective date.
Correction of Errors
In FR Doc. 2013–18776 of August 6,
2013 (78 FR 47936), make the following
corrections:
A. Corrections to the Preamble
1. On page 47958, third column, first
paragraph, lines 30 and 31, the
parenthetical citation ‘‘(see Pub. L. 100–
04, ch. 6, § 20.4)’’ is corrected to read
‘‘(see Pub. 100–04, ch. 6, § 20.4)’’.
2. On page 47963, first column, third
full paragraph, lines 10 and 11, the
parenthetical citation ‘‘(see Pub. L. 100–
02, ch. 8, § 30.6)’’ is corrected to read
‘‘(see Pub. 100–02, ch. 8, sec. 30.6)’’.
B. Corrections to the Addendum
1. On pages 47969 through 47975 in
Table A—FY 2014 Wage Index for
Urban Areas Based on CBSA Labor
Market Areas,
a. The urban areas for the listed
entries (CBSAs) are corrected to read as
follows:
CBSA
code
Urban area
(constituent counties)
12420 .....
Austin-Round RockSan Marcos, TX.
Bakersfield-Delano,
CA.
Bethesda-RockvilleFrederick, MD.
Charlotte-GastoniaRock Hill, NC-SC.
Fort Lauderdale-Pompano Beach-Deerfield, FL.
12540 .....
13644 .....
16740 .....
22744 .....
Wage
index
0.9576
1.1579
1.0319
0.9447
1.0378
b. The wage index for the listed entry
(CBSA 30780) is corrected to read as
follows:
E:\FR\FM\03OCR1.SGM
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Agencies
[Federal Register Volume 78, Number 192 (Thursday, October 3, 2013)]
[Rules and Regulations]
[Pages 61197-61202]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24211]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 412, 482, 485, and 489
[CMS-1599 & 1455-CN2]
RINs 0938-AR53 and 0938-AR73
Medicare Program; Hospital Inpatient Prospective Payment Systems
for Acute Care Hospitals and the Long-Term Care Hospital Prospective
Payment System and Fiscal Year 2014 Rates; Quality Reporting
Requirements for Specific Providers; Hospital Conditions of
Participation; Payment Policies Related to Patient Status; Corrections
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This document corrects technical and typographical errors in
the final rules that appeared in the August 19, 2013 Federal Register
titled ``Medicare Program; Hospital Inpatient Prospective Payment
Systems for Acute Care Hospitals and the Long-Term Care Hospital
Prospective Payment System and Fiscal Year 2014 Rates; Quality
Reporting Requirements for Specific Providers; Hospital Conditions of
Participation; Payment Policies Related to Patient Status.''
DATES: This correcting document is effective October 1, 2013.
FOR FURTHER INFORMATION CONTACT: Tzvi Hefter, (410) 786-4487.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2013-18956, which appeared in the August 19, 2013
Federal Register (78 FR 50496), there were a number of technical errors
that are identified and corrected in the Correction of Errors section.
The provisions in this correction document are effective as if they had
been included in the document that appeared in the August 19, 2013
Federal Register.
[[Page 61198]]
Accordingly, the corrections are effective October 1, 2013.
II. Summary of Errors
A. Errors in the Preamble
On page 50546, in our discussion of the four new procedure codes,
we inadvertently made a typographical error in the effective date.
On page 50591, we made a typographical error in the number of
hospitals approved for reclassification in FY 2013.
On pages 50630, 50631, 50634, 50641, and 50642, in our discussion
of disproportionate share hospitals (DSHs), we made inadvertent errors
in the: (1) Actuarial estimate of the aggregate amount of Medicare DSH
payments for FY 2014 without regard to section 1886(r)(1) of the Social
Security Act (the Act); (2) actuarial estimate of the aggregate amount
of empirically justified Medicare DSH payments for FY 2014 with the
application of section 1886(r)(1) of the Act; (3) calculation of Factor
1; (4) determination of the amount available for uncompensated care
payments for 2014; and (5) number of hospitals that we projected to be
eligible to receive a Medicare DSH payment in FY 2014.
On page 50678, in our discussion of Hospital Value-Based Purchasing
(HVBP) Program FY 2014 payment details, we made an inadvertent error in
the slope of the linear exchange function that was used to calculate
the updated proxy value-based incentive payment adjustment factors in
Table 16A.
On page 50772, in our discussion of the LTCH PPS 25-percent
threshold payment adjustment, we inadvertently misstated the time
period for the application of the policy.
On page 50859, in our discussion of LTCH CARE Data, we
inadvertently misstated commenter's statement.
On page 50867, in our discussion of the LTCH Quality Reporting
(LTCHQR) Program, we made a technical error in describing a type of
claim-based measure.
On pages 50854, 50855, 50856, 50862, 50864, 50866, and 50876 in our
discussion of the LTCHQR Program, we made grammatical errors.
On pages 50855, 50858, 50859, 50860, 50861, 50871, 50876, 50879,
50880, 50881, and 50882 in our discussion regarding the LTCHQR Program
measures, we made typographical and technical errors in referencing an
NQF-endorsed measure name.
B. Summary of Errors in and Corrections to Files and Tables Posted on
the CMS Web Site
1. Errors and Corrections to the Medicare DSH Files
Supplemental Medicare DSH File.--FY 2014 Uncompensated Care Payment
Factors. For the FY 2014 IPPS/LTCH PPS Final Rule, we published a list
of hospitals that we identified to be subsection (d) hospitals and
subsection (d) Puerto Rico hospitals eligible to receive empirically
justified Medicare DSH payment adjustments and uncompensated care
payments for FY 2014. As stated in the FY 2014 IPPS/LTCH PPS final rule
(78 FR 50642), we allowed the public an additional period after the
issuance of the final rule to contact us with comments on whether any
of the hospitals should be removed from the list or if any hospitals
should be added to the list, based on their subsection (d) status.
Based on the comments received during this additional period, we are
making several corrections to the Supplemental Medicare DSH File.
First, in calculating Factor 3 of the uncompensated care payment
methodology, we inadvertently excluded the FY 2011 SSI days and the
Medicaid days from the most recently available 2011 or 2010 cost report
for certain providers that were projected to receive Medicare DSH in FY
2014.
These providers had submitted their 2010 and/or 2011 Medicare
hospital cost reports to their Medicare contractor prior to the March
2013 update of HCRIS but the Medicare contactor had been unable to
upload either the 2010 or 2011 Medicare hospital cost reports in a
timely manner to be included in the March 2013 update of HCRIS. As a
result, the Medicaid days for these providers were inadvertently
excluded from the calculation of Factor 3. In addition, due to a
programming error, these providers had SSI days reported for their FY
2011 SSI ratios that were inadvertently excluded in the calculation of
their Factor 3. The Medicaid days and SSI days for these providers were
excluded from the numerator of Factor 3 for the affected providers and
from the denominator of Factor 3 for all providers. Second, as a result
of the exclusion of these Medicare hospital cost reports from the March
2013 update of HCRIS, the Medicare DSH payments for these providers
were not included in the Office of the Actuary's Medicare DSH estimates
for the calculation of Factor 1. Third, seven providers listed as
eligible to receive Medicare DSH payments are no longer subsection(d)
hospitals and have been removed from the list of hospitals eligible to
receive empirically justified Medicare DSH payment adjustments and
uncompensated care payments for FY 2014. We are changing the number of
hospitals that are eligible to receive empirically justified Medicare
DSH payment adjustments and uncompensated care payments for FY 2014. In
order to correct these errors, we have revised Factor 3 for all
hospitals to incorporate the changes to the data. Specifically, to
account for the removal of hospitals that are not subsection (d)
hospitals and the addition of data for the two hospitals whose data was
inadvertently excluded from the calculation of Factor 3, we have
recalculated the denominator of Factor 3 for all hospitals. In
addition, we have also recalculated the numerator of Factor 3 for the
hospitals that had data inadvertently excluded. We have also revised
Factor 1 to include in our estimates the Medicare DSH payments for the
providers whose Medicare hospital cost report data was not included in
the March 2013 update of HCRIS.
2. Errors in and Corrections to the IPPS Tables
We are correcting the errors in the following IPPS tables that are
listed on page 51002 of FY 2014 IPPS/LTCH PPS final rule and are
available on the Internet on the CMS Web site at https://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/AcuteInpatientPPS/FY-2014-IPPS-Proposed-Rule-Home-Page.html:
In Table 2.--Acute Care Hospitals Case-Mix Indexes for Discharges
Occurring in Federal Fiscal Year 2012; Hospital Wage Indexes for
Federal Fiscal Year 2014; Hospital Average Hourly Wages for Federal
Fiscal Years 2012 (2008 Wage Data), 2013 (2009 Wage Data), and 2014
(2010 Wage Data); and 3-Year Average of Hospital Average Hourly Wages.
We determined that we used incorrect wages and hours for provider
040029 located in core-based statistical area (CBSA) 30780. Therefore,
we are correcting the FY 2014 wage indexes for the following providers
in, or reclassified into, CBSA 30780: 040007, 040014, 040016, 040029,
040036, 040041, 040071, 040074, 040084, 040114, 040119, 040134, 040137,
and 040147. In addition, for provider 040029, we are correcting the
average hourly wage FY 2014, and the average hourly wage (3 Years). We
also are making a correction to the FY 2014 wage index of provider
330386 because we inadvertently did not treat provider 330386 as being
redesignated under section 1886(d)(8)(B) of the Act to CBSA 39100. By
treating provider 330386 as
[[Page 61199]]
being redesignated under section 1886(d)(8)(B) of the Act to CBSA
39100, the reclassified wage index of CBSA 39100 is changing as well.
Since provider 330224 is reclassifying into CBSA 39100, provider
330224's FY 2014 wage index is being corrected accordingly.
In Table 3A.--FY 2014 and 3-Year Average Hourly Wage for Acute Care
Hospitals in Urban Areas by CBSA. We determined that we used incorrect
wages and hours for provider 040029 located in CBSA 30780. Therefore,
we are correcting the FY 2014 average hourly wage and the 3-year
average hourly wage for CBSA 30780, Little Rock-North Little Rock-
Conway, AR.
In Table 4A.--Wage Index and Capital Geographic Adjustment Factor
(GAF) for Urban Areas by CBSA and by State--FY 2014. We determined that
we used incorrect wages and hours for provider 040029 located in CBSA
30780. Therefore, for CBSA 30780, Little Rock-North Little Rock-Conway,
AR, we are correcting the data in the columns titled ``Wage Index'' and
``GAF.''
In Table 4C.--Wage Index and Capital Geographic Adjustment Factor
(GAF) For Hospitals That Are Reclassified by CBSA and by State--FY
2014. We determined that we used incorrect wages and hours for provider
040029 located in CBSA 30780. Therefore, for CBSA 30780, Little Rock-
North Little Rock-Conway, AR, we are correcting the data in the columns
titled ``Wage Index'' and ``GAF.'' We are also correcting the data in
the columns titled ``Wage Index'' and ``GAF'' for CBSA 39100,
Poughkeepsie-Newburgh-Middletown, NY, because we inadvertently did not
treat provider 330386 as being redesignated under section 1886(d)(8)(B)
of the Act to CBSA 39100, and therefore, we inadvertently excluded the
data of provider 330386 from the calculation of the wage index and GAF
for CBSA 39100.
In Table 4J.--Out-Migration Adjustment for Acute Care Hospitals--FY
2014. First, the column titled ``Reclassified for FY 2013'' is being
corrected to read ``Reclassified for FY 2014''. Second, we determined
that we used incorrect wages and hours for provider 040029 located in
CBSA 30780. As a result, we are adjusting the wage index for CBSA
30780, which, in turn, changes the out-migration adjustment of certain
providers located in counties that are receiving an out-migration
adjustment based on commuting into a county located within CBSA 30780.
Specifically, we are correcting the value in the column titled ``Out-
Migration Adjustment'' of providers 040014, 040071, and 040076.
Third, we inadvertently did not treat provider 330386 as being
redesignated under section 1886(d)(8)(B) of the Act to CBSA 39100.
Because we had not treated provider 330386 as being redesignated under
section 1886(d)(8)(B) of the Act, we had listed provider 330386 in
Table 4J as receiving the out-migration adjustment. However, since a
hospital that is redesignated under section 1886(d)(8)(B) of the Act
cannot simultaneously receive the out-migration adjustment, we are
correcting Table 4J for provider 330386 by placing an asterisk in the
column titled ``Reclassified for FY 2014'' (previously incorrectly
titled ``Reclassified for FY 2013''), indicating that this provider is
not receiving the out-migration adjustment.
In Table 9A.--Hospital Reclassifications and Redesignations--FY
2014. We inadvertently did not treat provider 330386 as being
redesignated from rural to urban under section 1886(d)(8)(B) of the
Act. We are correcting Table 9A to include provider 330386 as being
redesignated from the geographic CBSA of 33 to the reclassified CBSA of
39100, and indicating LUGAR in the column titled ``LUGAR''.
In Table 15.--FY 2014 Readmissions Adjustment Factors, we are
correcting a technical error in the calculation of the readmissions
adjustment factors. For some hospitals, we inadvertently included high
cost outlier payments in determining the base operating DRG payment
amounts in the calculation of aggregate payments for excess
readmissions and aggregate payments for all discharges that were used
to calculate the readmissions adjustment factors published for the FY
2014 IPPS/LTCH final rule. As specified in the definitions in Sec.
412.152, the base operating DRG payment amount does not include any
additional payments for high cost outliers under subpart F of 42 CFR
part 412. The technical correction to the determination of the base
operating DRG payment amounts changes the readmissions payment
adjustment factor for some hospitals in Table 15 by a small amount.
In Table 16A.--Updated Proxy Hospital Inpatient Value-Based
Purchasing (VBP) Program Adjustment Factors for FY 2014. Due to a
technical error in including high cost outlier payments for some
hospitals in the proxy Hospital VBP Program adjustment factors
calculations, we are correcting the proxy Hospital VBP Program
adjustment factors for all hospitals listed in the table.
3. Errors in and Corrections to a LTCH PPS Table
We are also correcting the errors in the following LTCH PPS table
that is listed on page 51002 of the FY 2014 IPPS/LTCH PPS final rule
and that available on the Internet on the CMS Web site at https://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/LongTermCare
HospitalPPS/.
Table 12A.--LTCH PPS Wage Index for Urban Areas for Discharges
Occurring from October 1, 2013 through September 30, 2014. Due to a
technical error found in the data of a provider in CBSA 30780, we are
correcting the LTCH PPS wage index value for that CBSA.
III. Waiver of Proposed Rulemaking
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.
In our view, this correcting document does not constitute a rule
that would be subject to the APA notice and comment or delayed
effective date requirements. This correcting document corrects
technical and typographical errors in the preamble and tables posted on
the CMS Web site but does not make substantive changes to the policies
or payment methodologies that were adopted in the final rule. As a
result, this correcting document is intended to ensure that the
preamble and tables posted on the CMS Web site accurately reflect the
policies adopted in that final rule.
In addition, even if this were a rule to which the notice and
comment and delayed effective date requirements applied, we find that
there is good cause to waive such requirements.
[[Page 61200]]
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 because it is
in the public's interest for providers to receive appropriate payments
in as timely a manner as possible. 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.
Correction of Errors
In FR Doc. 2013-18956 of August 19, 2013 (78 FR 50496), make the
following corrections:
A. Corrections of Errors in the Preamble
1. On page 50546, first column, second full paragraph, lines 17 and
18, the date, ``October 1, 2014'' is corrected to read ``October 1,
2013.''
2. On page 50591, third column, last full paragraph, line 15, the
figure ``196'' is corrected to read ``169''.
3. On page 50630, third column, last paragraph,
a. Line 12, the figure ``$12.772'' is corrected to read
``$12.775''.
b. Line 26, the figure ``$3.193'' is corrected to read ``$3.194''.
4. On page 50631, first column, first paragraph, line 3, the figure
``$9.579'' is corrected to read ``$9.581''.
5. On page 50634, first column, second full paragraph,
a. Line 9, the figure ``$9.033'' is corrected to read ``$9.035''.
b. Line 10, the figure ``9.579'' is corrected to read ``$9.581''.
6. On page 50641, third column, second full paragraph,
a. Line 12, the figure ``2,695'' is corrected to read ``2687''.
b. Line 17, the figure ``2,437'' is corrected to read ``2430''.
7. On page 50642, first column, first paragraph,
a. Line 2,
(1) The figure ``2,437'' is corrected to read ``2,430''.
(2) The figure ``72'' is corrected to read ``71''.
b. Line 7, the figure ``2,437'' is corrected to read ``2430''.
8. On page 50678, top two-thirds of the page, second column,
partial paragraph, line 30, the figure ``1.8363321306'' is corrected to
read ``1.8363054116.''
9. On page 50772, bottom third of the page, second column, third
paragraph, lines 9 through 11, the phrase ``applied to discharges
occurring on or after October 1, 2013.'' is corrected to read ``applied
for cost reporting periods beginning on or after October 1, 2013.''
10. On page 50854, first column,
a. First full paragraph, last two lines, the phrase ``testing and
development'' is corrected to read ``measure testing and development''.
b. Second full paragraph,
(1) Line 8, the phrase ``that are fully'' is corrected to read
``that are either fully''.
(2) Last line through the second column first partial paragraph
line 1, the phrase ``why a particular measure is high priority'' is
corrected to read ``why particular measures are high priority''.
11. On page 50855,
a. First column, second full paragraph, lines 31 through 33, the
phrase ``when LTCHs are required to submit data on the new measures we
included in the proposed rule.'' is corrected to read ``LTCHs are
required to submit data on the new measures.''
b. Second column, first partial paragraph, line 9, the phrase ``we
refer readers to that final rule'' is corrected to read ``we refer
readers to the FY 2013 IPPS/LTCH PPS final rule''.
c. Third column,
(1) First partial paragraph, lines 7 and 8, the phrase ``More
specifically, this commenter'' is corrected to read ``More
specifically, these commenters''.
(2) Last paragraph, line 6, the phrase ``compliance for October 1,
2012'' is corrected to read ``compliance for the October 1, 2012''.
12. On page 50856,
a. Upper third of the page, first column, second partial paragraph,
line 4, the phrase ``that it will use'' is corrected to read ``that we
will use''.
b. Lower two-thirds of the page, third column, last paragraph,
lines 13 and 14, the phrase ``an healthcare-associated infection
(HAI)'' is corrected to read ``a healthcare-associated infection
(HAI)''.
13. On page 50858, lower two-thirds of the page, second column,
last paragraph, line 3, the phrase ``NQF 0680, Percentage'' is
corrected to read ``NQF 0680, Percent''.
14. On pages 50859,
a. Upper third of the page, in the table, PROPOSED TIMELINE FOR
SUBMISSION OF LTCHQR PROGRAM QUALITY DATA FOR THE FY 2016 AND FY 2017
PAYMENT DETERMINATIONS: NQF 0680 PERCENTAGE OF RESIDENTS OR
PATIENTS WHO WERE ASSESSED AND APPROPRIATELY GIVEN THE SEASONAL
INFLUENZA VACCINE [Short Stay], in the table heading, line 2, the
phrase ``PERCENTAGE OF RESIDENTS'' is corrected to read ``PERCENT OF
RESIDENTS''.
b. Lower two-thirds of the page, second column,
(1) Third full paragraph, line 18, the phrase ``calculation of the
measure'' is corrected to read ``calculation and public reporting of
the measure''.
(2) Last paragraph, line 2, the phrase ``CMS align the data'' is
corrected to read ``CMS update the data''.
15. On page 50860,
a. First column, first partial paragraph, line 18, the phrase
``LTCHs to show if'' is corrected to read ``LTCHs to report whether''.
b. Second column, second paragraph, line 19, the parenthetical
phrase ``(short-stay)'' is corrected to read ``(Short-Stay)''.
c. Third column,
(1) Third full paragraph,
(a) Lines 13 and 14, the parenthetical phrase ``(short-stay)'' is
corrected to read ``(Short-Stay)''.
(b) Line 17, the parenthetical phrase ``(short-stay)'' is corrected
to read ``(Short-Stay)''.
(c) Line 26, the phrase ``measure and endorsement by'' is corrected
to read ``measure and endorsed by''.
(2) Last paragraph, lines 5 and 6, the parenthetical phrase
``(short-stay)'' is corrected to read ``(Short-Stay)''.
16. On page 50861, upper half of the page,
a. Third column, partial paragraph, line 5, the parenthetical
phrase ``(short-stay)'' is corrected to read ``(Short-Stay)''.
b. In the table, FINAL TIMELINE FOR SUBMISSION OF LTCHQR PROGRAM
QUALITY DATA FOR THE FY 2016 AND FY 2017 PAYMENT DETERMINATIONS: NQF
0680 PERCENTAGE OF RESIDENTS OR PATIENTS WHO WERE ASSESSED AND
APPROPRIATELY GIVEN THE SEASONAL INFLUENZA VACCINE [Short Stay], in the
table heading, line 2, the phrase ``PERCENTAGE OF RESIDENTS'' is
corrected to read ``PERCENT OF RESIDENTS''.
17. On page 50862,
a. First column, third full paragraph, lines 5 and 6, the phrase,
``setting and NQF endorsement for LTCH setting'' is corrected to read
``setting and to obtain NQF endorsement for the LTCH setting''.
b. Second column,
(1) First full paragraph, lines 23 and 24, the phrase ``SNF/nursing
home patient population'' is corrected to read ``SNF/nursing home
short-stay resident population''.
(2) Second full paragraph, line 4, the phrase ``ulcers and is
committed'' is corrected to read ``ulcers, and we are committed''.
18. On page 50864, second column,
[[Page 61201]]
a. First full paragraph, line 5, the phrase ``commenters urge'' is
corrected to read ``commenters urged''.
b. Third full paragraph, line 1, the phrase ``noted it is'' is
corrected to read ``noted that is it''.
19. On page 50866, second column, first partial paragraph, line 19,
the phrase ``and measuring infection rates is'' is corrected to read
``and measuring infection rates are''.
20. On page 50867,
a. First column, second full paragraph, line 11, the phrase
``LTCHQR measure scores'' is corrected to read ``LTCHQR Program
measures scores''.
b. Third column, first partial paragraph, line 9, the phrase
``claims-based MRSA'' is corrected to read ``claims-based CDI''.
21. On page 50869, third column, first full paragraph, lines 22 and
23, the phrase ``discharge, or the date of patient death'' is corrected
to read ``discharge or until the date of the patient's death''.
22. On page 50870, first full paragraph, lines 5 and 6, the phrase
``discharge date, or date of death'' is corrected to read ``discharge
or until the date of the patient's death''.
23. On page 50871,
a. Second column, last paragraph, line 6, the phrase ``but note
that but note that'' is corrected to read ``but note that''.
b. Third column, third full paragraph, line 11, the phrase ``are
typically not'' is corrected to read ``is typically not''.
24. On page 50872,
a. First column, last paragraph, lines 10 and 11, the phrase ``LTCH
harmonizes'' is corrected to read ``LTCH readmission measure
harmonizes''.
b. Second column, third full paragraph,
(1) Line 1, the phrase ``Some comments'' is corrected to read
``Some commenters''.
(2) Line 5, the phrase ``They suggest'' is corrected to read ``They
suggested''.
25. On page 50873,
a. Second column,
(1) First full paragraph, line 25, the phrase ``readmissions are
considered'' is corrected to read ``readmissions were considered''.
(2) Last paragraph, lines 1 and 2, the phrase ``The two years of
data for each report period'' is corrected to read ``The 2 years of
data for each reporting period''.
b. Third column, first full paragraph, line 1, the phrase ``Some
commenters are'' is corrected to read ``Some commenters were''.
26. On page 50875, second column, first full paragraph,
a. Line 1, the phrase ``We note that,'' is corrected to read ``We
noted that,''.
b. Line 14, the phrase ``LTCH setting'' is corrected to read ``the
LTCH setting''.
27. On page 50876, second column,
a. First partial paragraph, line 1, the phrase ``but it concluded''
is corrected to read ``it concluded''.
b. Last paragraph, line 14 through the third column first partial
paragraph, the sentences ``In this instance, for example, an
application of the Percent of Residents Experiencing One or More Falls
with Major Injury (Long Stay) measure (NQF 0674) is NQF-
endorsed for the LTCH setting, an indication that it is appropriate for
LTCH patients. In addition, this measure is appropriate in light of the
fact that fall-related injury is an important patient safety concern
for LTCH patients. For the reasons listed above, this measure is
appropriate for LTCH patients.'' are corrected to read ``In light of
the TEP feedback and the fact that fall-related injury is an important
patient safety concern for patients in health care settings, including
LTCHs, this measure is appropriate for the LTCHQR Program.''
28. On page 50879,
a. First column, fourth full paragraph (section heading), line 5,
the parenthetical phrase ``(Short Stay)'' is corrected to read
``(Short-Stay)''.
b. Second column,
(1) First partial paragraph, line 1, the parenthetical phrase
``(Short Stay)'' is corrected to read ``(Short-Stay)''.
(2) First full paragraph,
(a) Line 8, the page reference ``277322'' is corrected to read
``27732''.
(b) Lines 16 and 17, the phrase ``Data collection and submission of
this measure will continue'' is corrected to read ``We proposed in the
FY 2014 IPPS/LTCH PPS proposed rule (78 FR 27722 and 27723) that data
collection and submission for this measure would continue''.
29. On page 50880, upper half of the page, the table, TIMELINE FOR
SUBMISSION OF LTCHQR PROGRAM QUALITY DATA FOR THE FY 2016 PAYMENT
DETERMINATION: NQF 0680 PERCENTAGE OF RESIDENTS OR PATIENTS
WHO WERE ASSESSED AND APPROPRIATELY GIVEN THE SEASONAL INFLUENZA
VACCINE (SHORT STAY), in the table heading,
a. Line 2, the phrase ``PERCENTAGE OF RESIDENTS'' is corrected to
read ``PERCENT OF RESIDENTS''.
b. Line 3, the parenthetical phrase ``(SHORT STAY)'' is corrected
to read ``(SHORT-STAY)''.
30. On page 50881, lower two-thirds of the page, the table,
TIMELINE FOR SUBMISSION OF LTCHQR PROGRAM QUALITY DATA FOR THE FY 2017
PAYMENT DETERMINATION: NQF 0680 PERCENTAGE OF RESIDENTS OR
PATIENTS WHO WERE ASSESSED AND APPROPRIATELY GIVEN THE SEASONAL
INFLUENZA VACCINE (SHORT STAY), in the table heading,
a. Line 2, the phrase ``PERCENTAGE OF RESIDENTS'' is corrected to
read ``PERCENT OF RESIDENTS''.
b. Line 3, the parenthetical phrase ``(SHORT STAY)'' is corrected
to read ``(SHORT-STAY)''.
31. On page 50882, lower two-thirds of the page,
a. In the table, TIMELINE FOR SUBMISSION OF LTCHQR PROGRAM QUALITY
DATA FOR THE FY 2018 PAYMENT DETERMINATION FOR ALL MEASURES EXCEPT
0431 INFLUENZA VACCINATION COVERAGE AMONG HEALTH CARE
PERSONNEL AND 0680 PERCENTAGE OF RESIDENTS OR PATIENTS WHO
WERE ASSESSED AND APPROPRIATELY GIVEN THE SEASONAL INFLUENZA VACCINE
(SHORT STAY), in the table heading,
(1) Line 2, the phrase ``EXCEPT 0431'' is corrected to
read ``EXCEPT NQF 0431''.
(2) Lines 1 and 2, the phrase `` 0680 PERCENTAGE OF
RESIDENTS'' is corrected to read ``NQF 0680 PERCENT OF
RESIDENTS''.
(3) Line 3, the parenthetical phrase ``(SHORT STAY)'' is corrected
to read ``(SHORT-STAY)''.
b. In the table TIMELINE FOR SUBMISSION OF LTCHQR PROGRAM QUALITY
DATA FOR THE FY 2018 PAYMENT DETERMINATION: 0680 PERCENTAGE OF
RESIDENTS OR PATIENTS WHO WERE ASSESSED AND APPROPRIATELY GIVEN THE
SEASONAL INFLUENZA VACCINE (SHORT STAY), in the table heading,
(1) Lines 2 and 3, the phrase `` 0680 PERCENTAGE OF
RESIDENTS'' is corrected to read ``NQF 0680 PERCENT OF
RESIDENTS''.
(2) Line 4, the parenthetical phrase ``(SHORT STAY)'' is corrected
to read ``(SHORT-STAY)''.
32. On page 50887, second column, first full paragraph, line 2, the
phrase ``two-percentage point reduction'' is corrected to read ``2.0
percentage point reduction''.
(Catalog of Federal Domestic Assistance Program No. 93.778, Medical
Assistance Program)
(Catalog of Federal Domestic Assistance Program No. 93.773,
Medicare--Hospital Insurance; and Program No. 93.774, Medicare--
Supplementary Medical Insurance Program)
[[Page 61202]]
Dated: September 30, 2013.
Oliver Potts,
Deputy Executive Secretary to the Department, Department of Health and
Human Services.
[FR Doc. 2013-24211 Filed 9-30-13; 4:15 pm]
BILLING CODE 4120-01-P