Medicare Program: Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs; Organ Procurement Organization Reporting and Communication; Transplant Outcome Measures and Documentation Requirements; Electronic Health Record (EHR) Incentive Programs; Payment to Nonexcepted Off-Campus Provider-Based Department of a Hospital; Hospital Value-Based Purchasing (VBP) Program; Establishment of Payment Rates Under the Medicare Physician Fee Schedule for Nonexcepted Items and Services Furnished by an Off-Campus Provider-Based Department of a Hospital; Correcting Amendment, 16741-16742 [2017-06903]
Download as PDF
16741
Federal Register / Vol. 82, No. 65 / Thursday, April 6, 2017 / Rules and Regulations
WISCONSIN—2008 8-HOUR OZONE NAAQS
[Primary and secondary]
Designation
Classification
Designated area
Date 1
*
*
*
Sheboygan County, WI: 2 Sheboygan County ..................................
*
1 This
*
*
*
Date 1
Type
*
Nonattainment ...........
*
*
*
12/19/2016
*
Type
*
Moderate.
*
date is July 20, 2012, unless otherwise noted.
Indian country located in each area, unless otherwise noted.
2 Excludes
*
*
*
*
*
[CMS–1656–F2]
Based Department of a Hospital;
Hospital Value-Based Purchasing (VBP)
Program; Establishment of Payment
Rates under the Medicare Physician Fee
Schedule for Nonexcepted Items and
Services Furnished by an Off-Campus
Provider-Based Department of a
Hospital’’ that made changes to the
demonstration of meaningful use
criteria under § 495.40. This correcting
amendment corrects a technical error in
§ 495.40 resulting from an error in that
final rule with comment period.
RIN–0938–AS82
DATES:
[FR Doc. 2017–06888 Filed 4–5–17; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Part 495
Medicare Program: Hospital Outpatient
Prospective Payment and Ambulatory
Surgical Center Payment Systems and
Quality Reporting Programs; Organ
Procurement Organization Reporting
and Communication; Transplant
Outcome Measures and
Documentation Requirements;
Electronic Health Record (EHR)
Incentive Programs; Payment to
Nonexcepted Off-Campus ProviderBased Department of a Hospital;
Hospital Value-Based Purchasing
(VBP) Program; Establishment of
Payment Rates Under the Medicare
Physician Fee Schedule for
Nonexcepted Items and Services
Furnished by an Off-Campus ProviderBased Department of a Hospital;
Correcting Amendment
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Correcting amendment.
AGENCY:
In the November 14, 2016
issue of the Federal Register (81 FR
79562), we published a final rule with
comment period entitled ‘‘Hospital
Outpatient Prospective Payment and
Ambulatory Surgical Center Payment
Systems and Quality Reporting
Programs; Organ Procurement
Organization Reporting and
Communication; Transplant Outcome
Measures and Documentation
Requirements; Electronic Health Record
(EHR) Incentive Programs; Payment to
Nonexcepted Off-Campus Provider-
mstockstill on DSK3G9T082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
19:03 Apr 05, 2017
Jkt 241001
This correcting amendment is
effective on April 6, 2017.
FOR FURTHER INFORMATION CONTACT:
Electronic Health Record (EHR)
Incentive Programs, contact Kathleen
Johnson (410) 786–3295 or Steven
Johnson (410) 786–3332.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2016–26515 of November
14, 2016 (81 FR 79562), ‘‘Medicare
Program: Hospital Outpatient
Prospective Payment and Ambulatory
Surgical Center Payment Systems and
Quality Reporting Programs; Organ
Procurement Organization Reporting
and Communication; Transplant
Outcome Measures and Documentation
Requirements; Electronic Health Record
(EHR) Incentive Programs; Payment to
Certain Off-Campus Outpatient
Departments of a Provider; Hospital
Value-Based Purchasing (VBP) Program;
Establishment of Payment Rates Under
the Medicare Physician Fee Schedule
for Nonexcepted Items and Services
Furnished by an Off-Campus ProviderBased Department of a Hospital’’
(hereinafter referred to as the CY 2017
OPPS/ASC final rule with comment
period), there was a technical error in
the regulations text that is identified
and corrected in this correcting
amendment. The provisions of this
correcting amendment are treated as if
they had been included in the CY 2017
OPPS/ASC final rule with comment
period.
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
II. Summary of Error in the Regulations
Text
On page 79892 of the CY 2017 OPPS/
ASC final rule with comment period, we
made a technical error in an amendatory
instruction. Accordingly, we are
revising § 495.40(b)(2)(i)(G) to
accurately reflect the language we
previously included in the CY 2017
OPPS/ASC final rule with comment
period (81 FR 79892), but which was
not codified in the Code of Federal
Regulations. Specifically, paragraph
(b)(2)(i)(G) specifies that for CY 2018, an
eligible hospital or critical access
hospital (CAH) must satisfy certain
required objectives and associated
measures if an eligible hospital or CAH
attests to CMS or to a State for the
Medicaid Electronic Health Record
(EHR) Incentive Program.
III. Waiver of Proposed Rulemaking
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) 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
E:\FR\FM\06APR1.SGM
06APR1
16742
Federal Register / Vol. 82, No. 65 / Thursday, April 6, 2017 / Rules and Regulations
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 an agency includes a statement of
support.
We believe that this correcting
document does not constitute a
rulemaking that would be subject to
these requirements. This correcting
document corrects a technical error in
the regulations text included in the CY
2017 OPPS/ASC final rule with
comment period but does not make
substantive changes to the policies that
were adopted in the final rule with
comment period. As a result, the
corrections made through this correcting
document are intended to ensure that
the information in the CY 2017 OPPS/
ASC final rule with comment period
accurately reflects the policies adopted.
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 with
comment period or delaying the
effective date would be contrary to the
public interest because it is in the
public’s interest to ensure that the CY
2017 OPPS/ASC final rule with
comment period accurately reflects 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, but rather, we are simply
correctly implementing the policies that
we previously proposed, received
comment on, and subsequently
finalized. This correcting document is
intended solely to ensure that the CY
2017 OPPS/ASC final rule with
comment period accurately reflects
these policies. For these reasons, we
believe we have good cause to waive the
notice and comment and effective date
requirements.
mstockstill on DSK3G9T082PROD with RULES
List of Subjects in 42 CFR Part 495
Administrative practice and
procedure, Health facilities, Health
maintenance organizations (HMO),
Health professions, Health records,
Medicaid, Medicare, Penalties,
Reporting and recordkeeping
requirements.
Accordingly, 42 CFR part 495 is
corrected by making the following
correcting amendment:
VerDate Sep<11>2014
18:09 Apr 05, 2017
Jkt 241001
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).
2. Amend § 495.40 by revising
paragraph (b)(2)(i)(G) to read as follows:
■
§ 495.40
criteria.
Demonstration of meaningful use
*
*
*
*
*
(b) * * *
(2) * * *
(i) * * *
(G) For CY 2018:
(1) For an eligible hospital or CAH
attesting to CMS, satisfied the required
objectives and associated measures
under § 495.24(c) for meaningful use.
(2) For an eligible hospital or CAH
attesting to a State for the Medicaid EHR
Incentive Program, satisfied the required
objectives and associated measures
under § 495.24(d) for meaningful use.
*
*
*
*
*
Dated: April 3, 2017.
Ann C. Agnew,
Executive Secretary to the Department,
Department of Health and Human Services.
[FR Doc. 2017–06903 Filed 4–5–17; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 160920866–7167–02]
RIN 0648–XF339
Fisheries of the Exclusive Economic
Zone Off Alaska; Pollock in Statistical
Area 610 in the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; modification of
closure.
AGENCY:
NMFS is opening directed
fishing for pollock in Statistical Area
610 of the Gulf of Alaska (GOA). This
action is necessary to fully use the B
season allowance of the 2017 total
allowable catch of pollock in Statistical
Area 610 of the GOA.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), April 4, 2017, through
1200 hours, A.l.t., May 31, 2017.
SUMMARY:
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
Comments must be received at the
following address no later than 4:30
p.m., A.l.t., April 18, 2017.
ADDRESSES: You may submit comments
on this document, identified by FDMS
Docket Number NOAA-NMFS-20160127 by any of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=
NOAA-NMFS-2016-0127, click the
‘‘Comment Now!’’ icon, complete the
required fields, and enter or attach your
comments.
• Mail: Address written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Ellen Sebastian. Mail comments to P.O.
Box 21668, Juneau, AK 99802–1668.
Instructions: NMFS may not consider
comments sent by any other method, to
any other address or individual, or
received after the end of the comment
period. All comments received are a
part of the public record and will
generally be posted for public viewing
on www.regulations.gov without change.
All personal identifying information
(e.g., name, address), confidential
business information, or otherwise
sensitive information submitted
voluntarily by the sender will be
publicly accessible. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
The B season allowance of the 2017
total allowable catch (TAC) of pollock in
Statistical Area 610 of the GOA is 2,232
metric tons (mt) as established by the
final 2017 and 2018 harvest
specifications for groundfish of the GOA
(82 FR 12032, February 27, 2017).
NMFS closed directed fishing for
pollock in Statistical Area 610 of the
GOA under § 679.20(d)(1)(iii) on March
27, 2017 (82 FR 15164, March 27, 2017).
As of March 31, 2017, NMFS has
determined that approximately 900
metric tons of pollock remain in the B
season directed fishing allowance for
E:\FR\FM\06APR1.SGM
06APR1
Agencies
[Federal Register Volume 82, Number 65 (Thursday, April 6, 2017)]
[Rules and Regulations]
[Pages 16741-16742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06903]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Part 495
[CMS-1656-F2]
RIN-0938-AS82
Medicare Program: Hospital Outpatient Prospective Payment and
Ambulatory Surgical Center Payment Systems and Quality Reporting
Programs; Organ Procurement Organization Reporting and Communication;
Transplant Outcome Measures and Documentation Requirements; Electronic
Health Record (EHR) Incentive Programs; Payment to Nonexcepted Off-
Campus Provider-Based Department of a Hospital; Hospital Value-Based
Purchasing (VBP) Program; Establishment of Payment Rates Under the
Medicare Physician Fee Schedule for Nonexcepted Items and Services
Furnished by an Off-Campus Provider-Based Department of a Hospital;
Correcting Amendment
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Correcting amendment.
-----------------------------------------------------------------------
SUMMARY: In the November 14, 2016 issue of the Federal Register (81 FR
79562), we published a final rule with comment period entitled
``Hospital Outpatient Prospective Payment and Ambulatory Surgical
Center Payment Systems and Quality Reporting Programs; Organ
Procurement Organization Reporting and Communication; Transplant
Outcome Measures and Documentation Requirements; Electronic Health
Record (EHR) Incentive Programs; Payment to Nonexcepted Off-Campus
Provider-Based Department of a Hospital; Hospital Value-Based
Purchasing (VBP) Program; Establishment of Payment Rates under the
Medicare Physician Fee Schedule for Nonexcepted Items and Services
Furnished by an Off-Campus Provider-Based Department of a Hospital''
that made changes to the demonstration of meaningful use criteria under
Sec. 495.40. This correcting amendment corrects a technical error in
Sec. 495.40 resulting from an error in that final rule with comment
period.
DATES: This correcting amendment is effective on April 6, 2017.
FOR FURTHER INFORMATION CONTACT: Electronic Health Record (EHR)
Incentive Programs, contact Kathleen Johnson (410) 786-3295 or Steven
Johnson (410) 786-3332.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2016-26515 of November 14, 2016 (81 FR 79562),
``Medicare Program: Hospital Outpatient Prospective Payment and
Ambulatory Surgical Center Payment Systems and Quality Reporting
Programs; Organ Procurement Organization Reporting and Communication;
Transplant Outcome Measures and Documentation Requirements; Electronic
Health Record (EHR) Incentive Programs; Payment to Certain Off-Campus
Outpatient Departments of a Provider; Hospital Value-Based Purchasing
(VBP) Program; Establishment of Payment Rates Under the Medicare
Physician Fee Schedule for Nonexcepted Items and Services Furnished by
an Off-Campus Provider-Based Department of a Hospital'' (hereinafter
referred to as the CY 2017 OPPS/ASC final rule with comment period),
there was a technical error in the regulations text that is identified
and corrected in this correcting amendment. The provisions of this
correcting amendment are treated as if they had been included in the CY
2017 OPPS/ASC final rule with comment period.
II. Summary of Error in the Regulations Text
On page 79892 of the CY 2017 OPPS/ASC final rule with comment
period, we made a technical error in an amendatory instruction.
Accordingly, we are revising Sec. 495.40(b)(2)(i)(G) to accurately
reflect the language we previously included in the CY 2017 OPPS/ASC
final rule with comment period (81 FR 79892), but which was not
codified in the Code of Federal Regulations. Specifically, paragraph
(b)(2)(i)(G) specifies that for CY 2018, an eligible hospital or
critical access hospital (CAH) must satisfy certain required objectives
and associated measures if an eligible hospital or CAH attests to CMS
or to a State for the Medicaid Electronic Health Record (EHR) Incentive
Program.
III. Waiver of Proposed Rulemaking 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)
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
[[Page 16742]]
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 an agency includes a statement of support.
We believe that this correcting document does not constitute a
rulemaking that would be subject to these requirements. This correcting
document corrects a technical error in the regulations text included in
the CY 2017 OPPS/ASC final rule with comment period but does not make
substantive changes to the policies that were adopted in the final rule
with comment period. As a result, the corrections made through this
correcting document are intended to ensure that the information in the
CY 2017 OPPS/ASC final rule with comment period accurately reflects the
policies adopted.
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 with comment period or delaying the
effective date would be contrary to the public interest because it is
in the public's interest to ensure that the CY 2017 OPPS/ASC final rule
with comment period accurately reflects 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, but rather, we are simply correctly implementing
the policies that we previously proposed, received comment on, and
subsequently finalized. This correcting document is intended solely to
ensure that the CY 2017 OPPS/ASC final rule with comment period
accurately reflects these policies. For these reasons, we believe we
have good cause to waive the notice and comment and effective date
requirements.
List of Subjects in 42 CFR Part 495
Administrative practice and procedure, Health facilities, Health
maintenance organizations (HMO), Health professions, Health records,
Medicaid, Medicare, Penalties, Reporting and recordkeeping
requirements.
Accordingly, 42 CFR part 495 is corrected by making the following
correcting amendment:
PART 495--STANDARDS FOR THE ELECTRONIC HEALTH RECORD TECHNOLOGY
INCENTIVE PROGRAM
0
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).
0
2. Amend Sec. 495.40 by revising paragraph (b)(2)(i)(G) to read as
follows:
Sec. 495.40 Demonstration of meaningful use criteria.
* * * * *
(b) * * *
(2) * * *
(i) * * *
(G) For CY 2018:
(1) For an eligible hospital or CAH attesting to CMS, satisfied the
required objectives and associated measures under Sec. 495.24(c) for
meaningful use.
(2) For an eligible hospital or CAH attesting to a State for the
Medicaid EHR Incentive Program, satisfied the required objectives and
associated measures under Sec. 495.24(d) for meaningful use.
* * * * *
Dated: April 3, 2017.
Ann C. Agnew,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2017-06903 Filed 4-5-17; 8:45 am]
BILLING CODE 4120-01-P