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, 15030-15031 [2014-05837]

Download as PDF 15030 Federal Register / Vol. 79, No. 52 / Tuesday, March 18, 2014 / Rules and Regulations F. Accounting Statement and Table As required by OMB Circular A–4 (available at https:// www.whitehouse.gov/omb/circulars/ a004/a-4.pdf), in Table I, we have prepared an accounting statement showing the classification of expenditures associated with the provisions of this interim final rule with comment period as they relate to acute care hospitals. This table provides our best estimate of the change in Medicare payments to providers as a result of the changes to the IPPS presented in this interim final rule with comment period. All expenditures are classified as transfers from the Federal government to Medicare providers. As previously discussed, relative to what was projected in the FY 2014 IPPS/LTCH PPS final rule, the changes in this interim final rule with comment period to implement sections 1105 and 1106 of the Pathway for SGR Reform Act of 2013 are projected to increase FY 2014 payments to IPPS hospitals by approximately $227 million. TABLE I—ACCOUNTING STATEMENT: CLASSIFICATION OF ESTIMATED EXPENDITURES UNDER THE IPPS FROM PUBLISHED FY 2014 TO REVISED FY 2014 Category Transfers Annualized Monetized Transfers .............................................................. From Whom to Whom .............................................................................. Total ................................................................................................... List of Subjects in 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: Sections 1102, 1862, and 1871 of the Social Security Act (42 U.S.C. 1302, 1395y, and 1395hh). [Amended] 2. Section 412.101 is amended by— A. In paragraph (b)(2)(i), removing the phrase ‘‘FY 2014 and subsequent fiscal years,’’ and adding in its place the phrase ‘‘the portion of FY 2014 beginning on April 1, 2014, FY 2015, and subsequent fiscal years,’’. ■ B. In paragraph (b)(2)(ii), removing the phrase ‘‘For FY 2011, FY 2012, and FY 2013,’’ and adding in its place the phrase ‘‘For FY 2011, FY 2012, FY 2013, and the portion of FY 2014 before April 1, 2014,’’. ■ C. In paragraph (c)(1), removing the phrase ‘‘FY 2014 and subsequent fiscal years,’’ and adding in its place the phrase ‘‘the portion of FY 2014 beginning on April 1, 2014 and subsequent fiscal years,’’. ■ D. In paragraph (c)(2) introductory text, removing the phrase ‘‘For FY 2011, FY 2012, and FY 2013,’’ and adding in its place the phrase ‘‘For FY 2011, FY 2012, FY 2013, and the portion of FY 2014 before April 1, 2014,’’. sroberts on DSK5SPTVN1PROD with RULES ■ ■ VerDate Mar<15>2010 17:18 Mar 17, 2014 Jkt 232001 $227 million. E. In paragraph (d), removing the phrase ‘‘FY 2014 and subsequent fiscal years,’’ and adding in its place the phrase ‘‘the portion of FY 2014 beginning on April 1, 2014 and subsequent fiscal years,’’. ■ Administrative practice and procedure, Health facilities, Medicare, Puerto Rico, Reporting and recordkeeping requirements. For the reasons stated in the preamble of this interim final rule with comment period, the Centers for Medicare & Medicaid Services is amending 42 CFR Chapter IV as follows: § 412.101 $227 million. Federal Government to IPPS Medicare Providers. § 412.108 [Amended] 3. Section 412.108 is amended by— A. In paragraph (a)(1) introductory text, removing the phrase ‘‘before October 1, 2013’’ and adding in its place the phrase ‘‘before April 1, 2014’’. ■ B. In paragraph (c)(2)(iii) introductory text, removing the phrase ‘‘before October 1, 2013’’ and adding in its place the phrase ‘‘before April 1, 2014’’. ■ DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Parts 412, 413, 414, 419, 424, 482, 485, and 489 [CMS–1599–& 1455–CN5] ■ (Catalog of Federal Domestic Assistance Program No. 93.773, Medicare—Hospital Insurance; and Program No. 93.774, Medicare—Supplementary Medical Insurance Program) Dated: February 26, 2014. Marilyn Tavenner, Administrator, Centers for Medicare & Medicaid Services. Approved: March 6, 2014. Kathleen Sebelius, Secretary, Department of Health and Human Services. [FR Doc. 2014–05922 Filed 3–14–14; 11:15 am] BILLING CODE 4120–01–P PO 00000 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. AGENCY: ACTION: Final rules; correction. This document corrects technical 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.’’ SUMMARY: This correcting document is effective on March 18, 2014. DATES: FOR FURTHER INFORMATION CONTACT: Cindy Tourison (410) 786–1093. SUPPLEMENTARY INFORMATION: Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\18MRR1.SGM 18MRR1 Federal Register / Vol. 79, No. 52 / Tuesday, March 18, 2014 / Rules and Regulations I. Background In FR Doc. 2013–18956, which appeared in the August 19, 2013 Federal Register (78 FR 50496) entitled ‘‘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’’ (hereinafter referred to as the FY 2014 IPPS/LTCH PPS final rule) there were technical errors that are identified and corrected in the Correction of Errors section of this correcting document. II. Summary of Errors in the Preamble On page 50695, in the table entitled ‘‘Finalized Performance Standards for Certain FY 2016 Hospital VBP Program Outcome Domain Measures,’’ the performance standards for the PSI–90 measure are not consistent with the FY 2016 performance standards that we finalized for that measure. We also note that we have made similar corrections to the FY 2013 IPPS/LTCH PPS final rule published elsewhere in this issue of the Federal Register. III. Waiver of Proposed Rulemaking and Delay of 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. 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 errors in certain HVBP tables but does not make substantive changes to the HVBP policies that were adopted in the final rule. As a result, this correcting document is intended to ensure that the HVBP tables accurately reflect the policies previously adopted for the HVBP Program. In addition, even if this were a rule to which the notice and comment procedures and delayed effective date requirements applied, we find that there is good cause to waive such Measure ID 15031 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 because it is in the public’s interest for providers to receive appropriate table values in as timely a manner as possible, and to ensure that the FY 2014 IPPS/LTCH PPS final rule accurately reflects our HVBP policies. Furthermore, such procedures would be unnecessary, as we are not altering our HVBP policies, but rather, we are simply implementing correctly the policy for calculating certain HVBP table values that we previously proposed, received comment on, and subsequently finalized. This correcting document is intended solely to ensure that the FY 2014 IPPS/LTCH PPS final rule accurately reflects these HVBP policies. Therefore, we believe we have good cause to waive the notice and comment and effective date requirements. IV. Correction of Errors In FR Doc. 2013–18956 of August 19, 2013 (78 FR 50496), make the following corrections: 1. On page 50695, lower fourth of the page, in the table entitled ‘‘FINALIZED PERFORMANCE STANDARDS FOR CERTAIN FY 2016 HOSPITAL VBP PROGRAM OUTCOME DOMAIN MEASURES,’’ the performance standards for the PSI–90 measure are corrected to read as follows: Achievement threshold Description Benchmark 0.616248 0.449988 Outcome Measures PSI–90 ........ Complication/Patient safety for selected indicators (composite) ................................................... (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) Dated: March 6, 2014. Jennifer M. Cannistra, Executive Secretary to the Department, Department of Health and Human Services. [FR Doc. 2014–05837 Filed 3–17–14; 8:45 am] sroberts on DSK5SPTVN1PROD with RULES BILLING CODE 4120–01–P VerDate Mar<15>2010 17:18 Mar 17, 2014 Jkt 232001 PO 00000 Frm 00055 Fmt 4700 Sfmt 9990 E:\FR\FM\18MRR1.SGM 18MRR1

Agencies

[Federal Register Volume 79, Number 52 (Tuesday, March 18, 2014)]
[Rules and Regulations]
[Pages 15030-15031]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05837]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 412, 413, 414, 419, 424, 482, 485, and 489

[CMS-1599-& 1455-CN5]
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 rules; correction.

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

SUMMARY: This document corrects technical 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 on March 18, 2014.

FOR FURTHER INFORMATION CONTACT: Cindy Tourison (410) 786-1093.

SUPPLEMENTARY INFORMATION:

[[Page 15031]]

I. Background

    In FR Doc. 2013-18956, which appeared in the August 19, 2013 
Federal Register (78 FR 50496) entitled ``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'' (hereinafter referred to as the FY 2014 IPPS/LTCH PPS final 
rule) there were technical errors that are identified and corrected in 
the Correction of Errors section of this correcting document.

II. Summary of Errors in the Preamble

    On page 50695, in the table entitled ``Finalized Performance 
Standards for Certain FY 2016 Hospital VBP Program Outcome Domain 
Measures,'' the performance standards for the PSI-90 measure are not 
consistent with the FY 2016 performance standards that we finalized for 
that measure. We also note that we have made similar corrections to the 
FY 2013 IPPS/LTCH PPS final rule published elsewhere in this issue of 
the Federal Register.

III. Waiver of Proposed Rulemaking and Delay of 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.
    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 errors in certain HVBP tables but does not make substantive 
changes to the HVBP policies that were adopted in the final rule. As a 
result, this correcting document is intended to ensure that the HVBP 
tables accurately reflect the policies previously adopted for the HVBP 
Program.
    In addition, even if this were a rule to which the notice and 
comment procedures and delayed effective date requirements applied, we 
find that there is good cause to waive such 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 because it is in the public's 
interest for providers to receive appropriate table values in as timely 
a manner as possible, and to ensure that the FY 2014 IPPS/LTCH PPS 
final rule accurately reflects our HVBP policies. Furthermore, such 
procedures would be unnecessary, as we are not altering our HVBP 
policies, but rather, we are simply implementing correctly the policy 
for calculating certain HVBP table values that we previously proposed, 
received comment on, and subsequently finalized. This correcting 
document is intended solely to ensure that the FY 2014 IPPS/LTCH PPS 
final rule accurately reflects these HVBP policies. Therefore, we 
believe we have good cause to waive the notice and comment and 
effective date requirements.

IV. Correction of Errors

    In FR Doc. 2013-18956 of August 19, 2013 (78 FR 50496), make the 
following corrections:
    1. On page 50695, lower fourth of the page, in the table entitled 
``FINALIZED PERFORMANCE STANDARDS FOR CERTAIN FY 2016 HOSPITAL VBP 
PROGRAM OUTCOME DOMAIN MEASURES,'' the performance standards for the 
PSI-90 measure are corrected to read as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                          Achievement
                   Measure ID                                                 Description                                  threshold        Benchmark
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Outcome Measures
--------------------------------------------------------------------------------------------------------------------------------------------------------
PSI-90.........................................  Complication/Patient safety for selected indicators (composite)......        0.616248         0.449988
--------------------------------------------------------------------------------------------------------------------------------------------------------

(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)

    Dated: March 6, 2014.
Jennifer M. Cannistra,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2014-05837 Filed 3-17-14; 8:45 am]
BILLING CODE 4120-01-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.