Medicare Program; Comprehensive Care for Joint Replacement Payment Model for Acute Care Hospitals Furnishing Lower Extremity Joint Replacement Services; Corrections and Correcting Amendments, 11449-11451 [2016-04786]

Download as PDF Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Rules and Regulations jstallworth on DSK7TPTVN1PROD with RULES IV. Correction of Errors In FR Doc. 2015–25595 of October 16, 2015 (80 FR 62762), we are making the following corrections: 1. On page 62767, first column, first full paragraph, line 16, the phrase ‘‘continue to usher’’ is corrected to read ‘‘continue to use’’. 2. On page 62801, second column, first full paragraph, line 32, the phrase ‘‘longer distinguishing between’’ is corrected to read ‘‘longer distinguish between’’. 3. On page 62806, third column, first paragraph— a. Lines 4 and 5, the phrase ‘‘must reasonable certainty’’ is corrected to read ‘‘must have reasonable certainty’’. b. Line 9 and 10, the phrase ‘‘Instead, r the referring provider must confirmation’’ is corrected to read ‘‘Instead, the referring provider must obtain confirmation’’. 4. On page 62819, second column, last paragraph, line 12, the phrase ‘‘a previous stages’’ is corrected to read ‘‘a previous stage’’. 5. On page 62825, in TABLE 6— PUBLIC HEALTH REPORTING OBJECTIVE MEASURES FOR EPS, ELIGIBLE HOSPITALS, AND CAHS IN 2015 THROUGH 2017, second column (Measure specification column for Measure 3) lines 5 and 6, the phrase ‘‘The EP, eligible hospital, or CAH is in active engagement with a public health agency to submit data to a specialized registry’’ is corrected to read ‘‘The EP, eligible hospital, or CAH is in active engagement to submit data to a specialized registry’’. 6. On page 62834, first column, last paragraph, line 22, the phrase ‘‘distinguishing between’’ is corrected to read ‘‘distinguish between’’. 7. On page 62868, second column, first full paragraph, lines 39 and 40, the phrase ‘‘section aII.B.2.b.x for further information’’ is corrected to read ‘‘Objective 10 in section II.B.2.a. of this final rule for further information’’. 8. On page 62883, in Table 14— ELIGIBLE HOSPITAL/CAH OBJECTIVES, MEASURES, AND CERTIFICATION CRITERIA FOR STAGE 3 IN 2017—CONTINUED, second column— a. Second set of paragraphs, second paragraph (Measure 1 of Objective 6), line 2, the phrase ‘‘more than 10 percent’’ is corrected to read ‘‘more than 5 percent’’. b. Third set of paragraphs, last paragraph (Measure 2 of Objective 6) line 1, the phrase ‘‘more than 25%’’ is corrected to read ‘‘more than 5%’’. 9. On page 62885, in TABLE 15—EP OBJECTIVES, MEASURES, AND VerDate Sep<11>2014 13:44 Mar 03, 2016 Jkt 238001 CERTIFICATION CRITERIA FOR STAGE 3 IN 2018 AND SUBSEQUENT YEARS, second column— a. Line 17 from the bottom of the column (Measure 1 of Objective 6), the phrase ‘‘Measure 1: For 2017, during the EHR reporting period’’ is corrected to read ‘‘Measure 1: During the EHR reporting period’’. b. Line 6 from the bottom of the column (Measure 2 of Objective 6), the phrase ‘‘Measure 2: For 2017, more than 25%’’ is corrected to read ‘‘Measure 2: More than 25%’’. 10. On page 62928, in TABLE 25— ESTIMATED ANNUAL INFORMATION COLLECTION BURDEN, the first column (Reg. Section)— a. Line 1, the citation ‘‘§ 495.x’’ is corrected to read ‘‘§ 495.24’’ b. Line 3, the citation ‘‘§ 495.6’’ is corrected to read ‘‘§ 495.22’’. List of Subjects in 42 CFR Part 495 Administrative practice and procedure, Electronic health records, Health facilities, Health professions, Health maintenance organizations (HMO), Medicaid, Medicare, Penalties, Privacy, Reporting and recordkeeping requirements. As noted in section II.B. of this document, the Centers for Medicare & Medicaid Services is making the following correcting amendments to 42 CFR part 495: PART 495—STANDARDS FOR THE ELECTRONIC HEALTH RECORD TECHNOLOGY INCENTIVE PROGRAM 1. The authority citation for part 495 continues to read as follows: ■ Authority: Secs. 1102 and 1871 of the Social Security Act (42 U.S.C. 1302 and 1395hh). § 495.22 [Amended] 2. Section 495.22 is amended as follows: ■ a. In paragraph (e)(3)(ii)(C)(3) by removing the phrase ‘‘paragraph (e)(3)(ii)(A)(3) of this section in 2016’’ and adding in its place the phrase ‘‘paragraphs (e)(3)(ii)(A)(2) and (e)(3)(ii)(A)(3) of this section in 2016.’’ ■ b. In paragraph (e)(10)(ii)(C)(3) introductory text by removing the phrase ‘‘if the EP:’’ and adding in its place the phrase ‘‘if the eligible hospital or CAH:’’. ■ § 495.24 [Amended] 3. Section 495.24 is amended as follows: ■ a. In paragraph (d)(7)(i)(B)(3) introductory text by removing the phrase ‘‘for two of the following three clinical information sets:’’ and adding in ■ PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 11449 its place the phrase ‘‘for the following three clinical information sets:’’. ■ b. In paragraph (d)(7)(ii)(B)(3) introductory text by removing the phrase ‘‘for two of the following three clinical information sets:’’ and adding in its place the phrase ‘‘for the following three clinical information sets:’’. Dated: February 25, 2016. Wilma Robinson, Deputy Executive Secretary to the Department, Department of Health and Human Services. [FR Doc. 2016–04785 Filed 3–3–16; 8:45 am] BILLING CODE 4120–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Part 510 [CMS–5516–F2] RIN–0938–AS64 Medicare Program; Comprehensive Care for Joint Replacement Payment Model for Acute Care Hospitals Furnishing Lower Extremity Joint Replacement Services; Corrections and Correcting Amendments Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Final rule; correction and correcting amendments. AGENCY: In the November 24, 2015 Federal Register (80 FR 73274), we published a final rule to implement a new Medicare Part A and B payment model under section 1115A of the Social Security Act, called the Comprehensive Care for Joint Replacement (CJR) model, in which acute care hospitals in certain selected geographic areas will receive retrospective bundled payments for episodes of care for lower extremity joint replacement (LEJR) or reattachment of a lower extremity. The effective date was January 15, 2016. This correcting amendment corrects a limited number of technical and typographical errors identified in the November 24, 2015 final rule. DATES: This correcting amendment is effective March 4, 2016. FOR FURTHER INFORMATION CONTACT: Claire Schreiber, cjr@cms.hhs.gov, (410) 786–8939. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background In FR Doc. 2015–29438 of November 24, 2015 (80 FR 73274), the final rule E:\FR\FM\04MRR1.SGM 04MRR1 11450 Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Rules and Regulations entitled ‘‘Comprehensive Care for Joint Replacement Payment Model for Acute Care Hospitals Furnishing Lower Extremity Joint Replacement Services’’ there were a number of technical and typographical errors that are identified and corrected in this correcting amendment. The provisions in this correcting amendment are effective as if they had been included in the final rule appearing in the November 24, 2015 Federal Register. II. Summary of Errors jstallworth on DSK7TPTVN1PROD with RULES A. Summary of Errors in the Preamble On pages 73274 and 73282, we made an error in identifying the acronym ‘‘MS–DRG’’. On pages 73289, 73335, 73412, 73526, and 73528, we made inadvertent typographical errors which included the omission and addition of words, symbols, and lines of text. On pages 73324, 73381, and 73535, we made typographical errors in the Medicare Severity Diagnosis Related Group (MS–DRG) and National Quality Forum (NQF) numbers. On page 73324, we made typographical and grammatical errors when specifying several regulatory citations. On pages 73338, 73355, 73357, and 73358, in our discussion of the ‘‘Episode Price Setting Methodology’’, we implied that the calculation of prospective target prices will incorporate the effective discount percentage determined by quality performance under the model. We clarify that target prices will be determined prospectively using a 3 percent discount percentage, and hospitals may experience a different effective discount percentage at reconciliation due to quality. On page 73362, in our discussion of the ‘‘Methodology To Determine Performance on the Quality Measures’’, we made an error in the data submission requirements for the percentage of the eligible elective primary THA/TKA patients needed. B. Summary of Errors in the Regulations Text On page 73543, in the regulations text for § 510.300, we erroneously included a paragraph regarding adjustments for quality performance (paragraph (a)(4)). We note that as specified in the final rule, target prices will be determined prospectively using a 3 percent discount percentage, and hospitals may experience a different effective discount percentage at reconciliation due to quality. To correct this error, we have removed paragraph (a)(4) and renumbered the subsequent paragraph (that is, the current paragraph (a)(5)) . VerDate Sep<11>2014 13:44 Mar 03, 2016 Jkt 238001 On page 73544, in the regulation text at § 510.300(c)(2) (Determination of episode target prices) we inadvertently omitted the discount factor for repayment amounts in program years (PYs) 4 and 5. To correct this error, we have added a paragraph (c)(2)(iii). On page 73549, in the regulation text at § 510.305, we made a crossreferencing error. The corrections to the errors summarized in this section appear in the regulations text of this correcting amendment. III. Waiver of Proposed Rulemaking, 60-Day Comment Period, and Delay in Effective Date Under 5 U.S.C. 553(b) of the Administrative Procedure Act (APA), the agency is required to publish a notice of the proposed rule in the Federal Register before the provisions of a rule take effect. Similarly, section 1871(b)(1) of the Act requires the Secretary to provide for notice of the proposed rule in the Federal Register and provide a period of not less than 60 days for public comment. In addition, section 553(d) of the APA, and section 1871(e)(1)(B)(i) of the Act mandate a 30day delay in effective date after issuance or publication of a rule. Sections 553(b)(B) and 553(d)(3) of the APA provide for exceptions from the notice and comment and delay in effective date APA requirements; in cases in which these exceptions apply, sections 1871(b)(2)(C) and 1871(e)(1)(B)(ii) of the Act provide exceptions from the notice and 60-day comment period and delay in effective date requirements of the Act as well. Section 553(b)(B) of the APA and section 1871(b)(2)(C) of the Act authorize an agency to dispense with normal rulemaking requirements for good cause if the agency makes a finding that the notice and comment process are impracticable, unnecessary, or contrary to the public interest. In addition, both section 553(d)(3) of the APA and section 1871(e)(1)(B)(ii) of the Act allow the agency to avoid the 30day delay in effective date where such delay is contrary to the public interest and the agency includes a statement of support. We believe that this document does not constitute a rulemaking that would be subject to these requirements. This document corrects technical and typographic errors in the preamble and regulation text included in the Medicare Program; Comprehensive Care for Joint Replacement Payment Model for Acute Care Hospitals Furnishing Lower Extremity Joint Replacement Services (80 FR 73274). The corrections contained in this document are PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 consistent with, and do not make substantive changes to, the policies that were adopted subject to notice and comment procedures in the final rule. As a result, the corrections made through this document are intended to ensure that the Medicare Program; Comprehensive Care for Joint Replacement Payment Model for Acute Care Hospitals Furnishing Lower Extremity Joint Replacement Services final rule accurately reflects the policies adopted in that rule. In addition, even if this were a rulemaking 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 the CJR model final rule to accurately reflect our policies as of the date they take effect and are applicable. Furthermore, such procedures would be unnecessary, as we are not altering our policies; rather, we are simply implementing correctly the policies that we previously proposed, received comment on, and subsequently finalized. This correcting document is intended solely to ensure that the Medicare Program; Comprehensive Care for Joint Replacement Payment Model for Acute Care Hospitals Furnishing Lower Extremity Joint Replacement Services final rule accurately reflects these policies. Therefore, we believe we have good cause to waive the notice and comment and effective date requirements. IV. Correction of Errors in the Preamble In FR Doc. 2015–29438 of November 24, 2015 (80 FR 73274), make the following corrections: 1. On page 73274, third column, line 18, the phrase ‘‘MS–DRG Medical Severity Diagnosis-’’ is corrected to read ‘‘MS–DRG Medicare Severity Diagnosis-’’. 2. On page 73282, third column, last paragraph, lines 6 and 7, the phrase ‘‘Medical Severity Diagnosis-Related Group (MS–DRG)’’ is corrected to read ‘‘Medicare Severity Diagnosis-Related Group (MS–DRG)’’. 3. On page 73289, third column, sixth full paragraph, line 2, the phrase ‘‘that that’’ is corrected to read ‘‘that’’. 4. On page 73324— a. Second column, first full paragraph, lines 26 and 27, the phrase ‘‘MS–DRG 569’’ is corrected to read ‘‘MS–DRG 469’’. b. Third column— E:\FR\FM\04MRR1.SGM 04MRR1 jstallworth on DSK7TPTVN1PROD with RULES Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Rules and Regulations (1) First partial paragraph, line 2, the phrase ‘‘§ 510.210(a)’’ is corrected to read ‘‘§ 510.210(a).’’. (2) First full paragraph, line 3, the phrase ‘‘§ 510.2 and’’ is corrected to read ‘‘§ 510.210.’’ (3) After the first full paragraph, the reference ‘‘§ 510.210(a).’’ is corrected by removing the reference. 5. On page 73335, first column, first paragraph, lines 4 and 5, the phrase ‘‘this final,’’ is corrected to read ‘‘this final rule,’’. 6. On page 73338— a. First column, last partial paragraph, lines 23 and 24, the phrase ‘‘will have 8 potential target prices’’ is corrected to read ‘‘will have potential target prices at reconciliation’’. b. Second column, first partial paragraph, (1) Lines 3 through 5, the phrase ‘‘and between January 1 and September 30 vs. between October 1 and December 31 for performance years 2 through 5)’’ is corrected to read ‘‘and between January 1 and September 30 vs. between October 1 and December 31 for performance years 2 through 5), as well as different potential effective discount factors at reconciliation, which reflects quality performance, as discussed in section III.C.5.’’. (2) Lines 6 through 16, the phrase ‘‘Each participant hospital in performance years 2 and 3 will have 16 target prices for the same combinations in performance years 1, 4, and 5, but with one group of 8 potential target prices for purposes of calculating reconciliation payments and another group of 8 potential target prices for purposes of determining hospital’s responsibility for excess episode spending.’’ is corrected to read ‘‘Each participant hospital in performance years 2 and 3 will have target prices for the same combinations as in performance years 1, 4, and 5, but with the potential for additional effective discount factors at reconciliation that reflect the reduced discount percentage for purposes of determining a hospital’s responsibility for excess episode spending.’’ 7. On page 73355— a. First column, third full paragraph, lines 6 and 7, the phrase ‘‘used to calculate its target prices.’’ is corrected to read ‘‘experienced at reconciliation’’. b. Third column, first full paragraph, lines 32 and 33, the phrase ‘‘discount factor for participant hospitals with’’ is corrected to read ‘‘effective discount factor at reconciliation for participant hospitals with’’. 8. On page 73357, third column, last bulleted paragraph, lines 4 through 7 and page 73358, first column, first VerDate Sep<11>2014 13:44 Mar 03, 2016 Jkt 238001 partial paragraph, lines 1 through 4, the phrase ’’ the appropriate effective discount factor that incorporates any quality incentive payment, as briefly described in section III.C.4.b.(9) of this final rule and more specifically detailed in the response to comments in section III.C.5. of this final rule and Tables 19, 20, and 21.’’ is corrected to read ‘‘a 3percent discount factor, as described in section III.C.4.b.(9). of this final rule.’’. 9. On page 73381, second column, first full paragraph, line 38, the reference ‘‘(NQF #0116)’’ is corrected to read ‘‘(NQF #0166)’’. 10. On page 73412, third column, first full paragraph, line 29, the phrase ‘‘only be only’’ is corrected to read ‘‘only be’’. 11. On page 73526, third column, first full paragraph, lines 27 and 28, the phrase ‘‘as well as- on other methods’’ is corrected to read ‘‘as well as other methods’’. 12. On page 73528, first column, second paragraph, line 1, the acronym ‘‘CJR’’ is corrected by removing the acronym. 13. On page 73535, first column, fourth paragraph, line 14, the reference ‘‘(NQF #0116)’’ is corrected to read ‘‘(NQF #0166)’’. List of Subjects for 42 CFR Part 510 Administrative practice and procedure, Health facilities, Medicare, Reporting and recordkeeping requirements. Accordingly, 42 CFR chapter IV is corrected by making the following correcting amendments to part 510: PART 510—COMPREHENSIVE CARE FOR JOINT REPLACEMENT MODEL 1. The authority citation for part 510 continues to read as follows: ■ Authority: Secs. 1102, 1115A, and 1871 of the Social Security Act (42 U.S.C. 1302, 1315(a), and 1395hh). 2. Section 510.300 is amended by— a. Removing paragraph (a)(4). b. Redesignating paragraph (a)(5) as new paragraph (a)(4). ■ c. Adding paragraph (c)(2)(iii). The addition reads as follows: ■ ■ ■ § 510.300 prices. Determination of episode target * * * * * (c) * * * (2) * * * (iii) In performance years 4 and 5, 3.0 percent. * * * * * § 510.305 [Amended] 3. In § 510.305, paragraph (f)(1)(iii) is amended by removing the crossreference ‘‘§ 510.410(b)(5)’’ and adding ■ PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 11451 in its place the cross-reference ‘‘§ 510.410(b)’’. Dated: February 24, 2016. Wilma Robinson, Deputy Executive, Secretary to the Department, Department of Health and Human Services. [FR Doc. 2016–04786 Filed 3–3–16; 8:45 am] BILLING CODE 4120–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 101206604–1758–02] RIN 0648–XE480 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Trip Limit Increase National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason trip limit increase. AGENCY: NMFS increases the trip limit in the commercial sector for king mackerel in the Florida east coast subzone to 75 fish per day in or from the exclusive economic zone (EEZ). This trip limit increase is necessary to maximize the socioeconomic benefits associated with harvesting the king mackerel commercial quota. DATES: This rule is effective 12:01 a.m., local time, March 1, 2016, through March 31, 2016. FOR FURTHER INFORMATION CONTACT: Susan Gerhart, NMFS Southeast Regional Office, telephone: 727–824– 5305, email: susan.gerhart@noaa.gov. SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic fish (king mackerel, Spanish mackerel, and cobia) is managed under the Fishery Management Plan for the Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic (FMP). The FMP was prepared by the Gulf of Mexico and South Atlantic Fishery Management Councils (Councils) and is implemented by NMFS under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. On January 30, 2012 (76 FR 82058, December 29, 2011), NMFS implemented a commercial quota of SUMMARY: E:\FR\FM\04MRR1.SGM 04MRR1

Agencies

[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)]
[Rules and Regulations]
[Pages 11449-11451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04786]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Part 510

[CMS-5516-F2]
RIN-0938-AS64


Medicare Program; Comprehensive Care for Joint Replacement 
Payment Model for Acute Care Hospitals Furnishing Lower Extremity Joint 
Replacement Services; Corrections and Correcting Amendments

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

ACTION: Final rule; correction and correcting amendments.

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

SUMMARY: In the November 24, 2015 Federal Register (80 FR 73274), we 
published a final rule to implement a new Medicare Part A and B payment 
model under section 1115A of the Social Security Act, called the 
Comprehensive Care for Joint Replacement (CJR) model, in which acute 
care hospitals in certain selected geographic areas will receive 
retrospective bundled payments for episodes of care for lower extremity 
joint replacement (LEJR) or reattachment of a lower extremity. The 
effective date was January 15, 2016. This correcting amendment corrects 
a limited number of technical and typographical errors identified in 
the November 24, 2015 final rule.

DATES: This correcting amendment is effective March 4, 2016.

FOR FURTHER INFORMATION CONTACT: Claire Schreiber, cjr@cms.hhs.gov, 
(410) 786-8939.

SUPPLEMENTARY INFORMATION:

I. Background

    In FR Doc. 2015-29438 of November 24, 2015 (80 FR 73274), the final 
rule

[[Page 11450]]

entitled ``Comprehensive Care for Joint Replacement Payment Model for 
Acute Care Hospitals Furnishing Lower Extremity Joint Replacement 
Services'' there were a number of technical and typographical errors 
that are identified and corrected in this correcting amendment. The 
provisions in this correcting amendment are effective as if they had 
been included in the final rule appearing in the November 24, 2015 
Federal Register.

II. Summary of Errors

A. Summary of Errors in the Preamble

    On pages 73274 and 73282, we made an error in identifying the 
acronym ``MS-DRG''.
    On pages 73289, 73335, 73412, 73526, and 73528, we made inadvertent 
typographical errors which included the omission and addition of words, 
symbols, and lines of text.
    On pages 73324, 73381, and 73535, we made typographical errors in 
the Medicare Severity Diagnosis Related Group (MS-DRG) and National 
Quality Forum (NQF) numbers.
    On page 73324, we made typographical and grammatical errors when 
specifying several regulatory citations.
    On pages 73338, 73355, 73357, and 73358, in our discussion of the 
``Episode Price Setting Methodology'', we implied that the calculation 
of prospective target prices will incorporate the effective discount 
percentage determined by quality performance under the model. We 
clarify that target prices will be determined prospectively using a 3 
percent discount percentage, and hospitals may experience a different 
effective discount percentage at reconciliation due to quality.
    On page 73362, in our discussion of the ``Methodology To Determine 
Performance on the Quality Measures'', we made an error in the data 
submission requirements for the percentage of the eligible elective 
primary THA/TKA patients needed.

B. Summary of Errors in the Regulations Text

    On page 73543, in the regulations text for Sec.  510.300, we 
erroneously included a paragraph regarding adjustments for quality 
performance (paragraph (a)(4)). We note that as specified in the final 
rule, target prices will be determined prospectively using a 3 percent 
discount percentage, and hospitals may experience a different effective 
discount percentage at reconciliation due to quality. To correct this 
error, we have removed paragraph (a)(4) and renumbered the subsequent 
paragraph (that is, the current paragraph (a)(5)) .
    On page 73544, in the regulation text at Sec.  510.300(c)(2) 
(Determination of episode target prices) we inadvertently omitted the 
discount factor for repayment amounts in program years (PYs) 4 and 5. 
To correct this error, we have added a paragraph (c)(2)(iii).
    On page 73549, in the regulation text at Sec.  510.305, we made a 
cross-referencing error.
    The corrections to the errors summarized in this section appear in 
the regulations text of this correcting amendment.

III. Waiver of Proposed Rulemaking, 60-Day Comment Period, and Delay in 
Effective Date

    Under 5 U.S.C. 553(b) of the Administrative Procedure Act (APA), 
the agency is required to publish a notice of the proposed rule in the 
Federal Register before the provisions of a rule take effect. 
Similarly, section 1871(b)(1) of the Act requires the Secretary to 
provide for notice of the proposed rule in the Federal Register and 
provide a period of not less than 60 days for public comment. In 
addition, section 553(d) of the APA, and section 1871(e)(1)(B)(i) of 
the Act mandate a 30-day delay in effective date after issuance or 
publication of a rule. Sections 553(b)(B) and 553(d)(3) of the APA 
provide for exceptions from the notice and comment and delay in 
effective date APA requirements; in cases in which these exceptions 
apply, sections 1871(b)(2)(C) and 1871(e)(1)(B)(ii) of the Act provide 
exceptions from the notice and 60-day comment period and delay in 
effective date requirements of the Act as well. Section 553(b)(B) of 
the APA and section 1871(b)(2)(C) of the Act authorize an agency to 
dispense with normal rulemaking requirements for good cause if the 
agency makes a finding that the notice and comment process are 
impracticable, unnecessary, or contrary to the public interest. In 
addition, both section 553(d)(3) of the APA and section 
1871(e)(1)(B)(ii) of the Act allow the agency to avoid the 30-day delay 
in effective date where such delay is contrary to the public interest 
and the agency includes a statement of support.
    We believe that this document does not constitute a rulemaking that 
would be subject to these requirements. This document corrects 
technical and typographic errors in the preamble and regulation text 
included in the Medicare Program; Comprehensive Care for Joint 
Replacement Payment Model for Acute Care Hospitals Furnishing Lower 
Extremity Joint Replacement Services (80 FR 73274). The corrections 
contained in this document are consistent with, and do not make 
substantive changes to, the policies that were adopted subject to 
notice and comment procedures in the final rule. As a result, the 
corrections made through this document are intended to ensure that the 
Medicare Program; Comprehensive Care for Joint Replacement Payment 
Model for Acute Care Hospitals Furnishing Lower Extremity Joint 
Replacement Services final rule accurately reflects the policies 
adopted in that rule. In addition, even if this were a rulemaking 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 the CJR model final rule to 
accurately reflect our policies as of the date they take effect and are 
applicable. Furthermore, such procedures would be unnecessary, as we 
are not altering our policies; rather, we are simply implementing 
correctly the policies that we previously proposed, received comment 
on, and subsequently finalized. This correcting document is intended 
solely to ensure that the Medicare Program; Comprehensive Care for 
Joint Replacement Payment Model for Acute Care Hospitals Furnishing 
Lower Extremity Joint Replacement Services final rule accurately 
reflects these policies. Therefore, we believe we have good cause to 
waive the notice and comment and effective date requirements.

IV. Correction of Errors in the Preamble

    In FR Doc. 2015-29438 of November 24, 2015 (80 FR 73274), make the 
following corrections:
    1. On page 73274, third column, line 18, the phrase ``MS-DRG 
Medical Severity Diagnosis-'' is corrected to read ``MS-DRG Medicare 
Severity Diagnosis-''.
    2. On page 73282, third column, last paragraph, lines 6 and 7, the 
phrase ``Medical Severity Diagnosis-Related Group (MS-DRG)'' is 
corrected to read ``Medicare Severity Diagnosis-Related Group (MS-
DRG)''.
    3. On page 73289, third column, sixth full paragraph, line 2, the 
phrase ``that that'' is corrected to read ``that''.
    4. On page 73324--
    a. Second column, first full paragraph, lines 26 and 27, the phrase 
``MS-DRG 569'' is corrected to read ``MS-DRG 469''.
    b. Third column--

[[Page 11451]]

    (1) First partial paragraph, line 2, the phrase ``Sec.  
510.210(a)'' is corrected to read ``Sec.  510.210(a).''.
    (2) First full paragraph, line 3, the phrase ``Sec.  510.2 and'' is 
corrected to read ``Sec.  510.210.''
    (3) After the first full paragraph, the reference ``Sec.  
510.210(a).'' is corrected by removing the reference.
    5. On page 73335, first column, first paragraph, lines 4 and 5, the 
phrase ``this final,'' is corrected to read ``this final rule,''.
    6. On page 73338--
    a. First column, last partial paragraph, lines 23 and 24, the 
phrase ``will have 8 potential target prices'' is corrected to read 
``will have potential target prices at reconciliation''.
    b. Second column, first partial paragraph,
    (1) Lines 3 through 5, the phrase ``and between January 1 and 
September 30 vs. between October 1 and December 31 for performance 
years 2 through 5)'' is corrected to read ``and between January 1 and 
September 30 vs. between October 1 and December 31 for performance 
years 2 through 5), as well as different potential effective discount 
factors at reconciliation, which reflects quality performance, as 
discussed in section III.C.5.''.
    (2) Lines 6 through 16, the phrase ``Each participant hospital in 
performance years 2 and 3 will have 16 target prices for the same 
combinations in performance years 1, 4, and 5, but with one group of 8 
potential target prices for purposes of calculating reconciliation 
payments and another group of 8 potential target prices for purposes of 
determining hospital's responsibility for excess episode spending.'' is 
corrected to read ``Each participant hospital in performance years 2 
and 3 will have target prices for the same combinations as in 
performance years 1, 4, and 5, but with the potential for additional 
effective discount factors at reconciliation that reflect the reduced 
discount percentage for purposes of determining a hospital's 
responsibility for excess episode spending.''
    7. On page 73355--
    a. First column, third full paragraph, lines 6 and 7, the phrase 
``used to calculate its target prices.'' is corrected to read 
``experienced at reconciliation''.
    b. Third column, first full paragraph, lines 32 and 33, the phrase 
``discount factor for participant hospitals with'' is corrected to read 
``effective discount factor at reconciliation for participant hospitals 
with''.
    8. On page 73357, third column, last bulleted paragraph, lines 4 
through 7 and page 73358, first column, first partial paragraph, lines 
1 through 4, the phrase '' the appropriate effective discount factor 
that incorporates any quality incentive payment, as briefly described 
in section III.C.4.b.(9) of this final rule and more specifically 
detailed in the response to comments in section III.C.5. of this final 
rule and Tables 19, 20, and 21.'' is corrected to read ``a 3-percent 
discount factor, as described in section III.C.4.b.(9). of this final 
rule.''.
    9. On page 73381, second column, first full paragraph, line 38, the 
reference ``(NQF #0116)'' is corrected to read ``(NQF #0166)''.
    10. On page 73412, third column, first full paragraph, line 29, the 
phrase ``only be only'' is corrected to read ``only be''.
    11. On page 73526, third column, first full paragraph, lines 27 and 
28, the phrase ``as well as- on other methods'' is corrected to read 
``as well as other methods''.
    12. On page 73528, first column, second paragraph, line 1, the 
acronym ``CJR'' is corrected by removing the acronym.
    13. On page 73535, first column, fourth paragraph, line 14, the 
reference ``(NQF #0116)'' is corrected to read ``(NQF #0166)''.

List of Subjects for 42 CFR Part 510

    Administrative practice and procedure, Health facilities, Medicare, 
Reporting and recordkeeping requirements.

    Accordingly, 42 CFR chapter IV is corrected by making the following 
correcting amendments to part 510:

PART 510--COMPREHENSIVE CARE FOR JOINT REPLACEMENT MODEL

0
1. The authority citation for part 510 continues to read as follows:

    Authority: Secs. 1102, 1115A, and 1871 of the Social Security 
Act (42 U.S.C. 1302, 1315(a), and 1395hh).


0
2. Section 510.300 is amended by--
0
a. Removing paragraph (a)(4).
0
b. Redesignating paragraph (a)(5) as new paragraph (a)(4).
0
c. Adding paragraph (c)(2)(iii).
    The addition reads as follows:


Sec.  510.300  Determination of episode target prices.

* * * * *
    (c) * * *
    (2) * * *
    (iii) In performance years 4 and 5, 3.0 percent.
* * * * *


Sec.  510.305  [Amended]

0
3. In Sec.  510.305, paragraph (f)(1)(iii) is amended by removing the 
cross-reference ``Sec.  510.410(b)(5)'' and adding in its place the 
cross-reference ``Sec.  510.410(b)''.

    Dated: February 24, 2016.
Wilma Robinson,
Deputy Executive, Secretary to the Department, Department of Health and 
Human Services.
[FR Doc. 2016-04786 Filed 3-3-16; 8:45 am]
BILLING CODE 4120-01-P