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]
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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
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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
■
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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
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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)) .
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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
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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—
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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
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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
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Fmt 4700
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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]
-----------------------------------------------------------------------
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
