Medicare and Medicaid Programs; Revisions to Certain Patient's Rights Conditions for Participation and Conditions for Coverage; Withdrawal, 46181 [2017-21419]
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Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Proposed Rules
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
[CMS–3302–WN]
42 CFR Part 416, 418, 482, 483, and 485
Medicare and Medicaid Programs;
Revisions to Certain Patient’s Rights
Conditions for Participation and
Conditions for Coverage; Withdrawal
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Withdrawal of proposed rule.
AGENCY:
This document withdraws a
proposed rule that was published in the
Federal Register on December 12, 2014.
This proposed rule would revise the
applicable conditions of participation
for certain providers, conditions for
coverage for certain suppliers, and
requirements for long-term care
facilities, to ensure that the
requirements are consistent with the
Supreme Court decision in United
States v. Windsor (570 U.S.12, 133 S. Ct.
2675 (2013)), and HHS policy.
Specifically, it proposed to revise
certain definitions and patient’s rights
provisions that currently defer to state
law, in order to ensure that same-sex
spouses are recognized and afforded
equal rights in certain Medicare and
Medicaid-participating facilities.
DATES: As of October 4, 2017, the
proposed rule published December 12,
2014, at 79 FR 73873, is withdrawn.
FOR FURTHER INFORMATION CONTACT:
Ronisha Blackstone, 410–786–6882.
SUPPLEMENTARY INFORMATION: On
December 12, 2014, we published a
proposed rule in the Federal Register
entitled, ‘‘Medicare and Medicaid
Program; Revisions to Certain Patient’s
Rights Conditions of Participation and
Conditions for Coverage’’ (79 FR 73873).
In United States v. Windsor, 570 U.S.12,
133 S. Ct. 2675 (2013), the Supreme
Court held that section 3 of the Defense
of Marriage Act (DOMA) was
unconstitutional because it violated the
Fifth Amendment (See Windsor, 133 S.
Ct. 2675, 2695). Section 3 of DOMA
provided that in determining the
meaning of any Act of the Congress, or
of any ruling, regulation, or
interpretation of the various
administrative bureaus and agencies of
the United States, the word ‘‘marriage’’
meant only a legal union between one
man and one woman as husband and
wife, and the word ‘‘spouse’’ could refer
only to a person of the opposite sex who
was a husband or a wife (1 U.S.C. 7).
sradovich on DSK3GMQ082PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
18:17 Oct 03, 2017
Jkt 244001
Following the Supreme Court’s opinion
in Windsor, the Federal government was
permitted to recognize the validity of
same-sex marriages when administering
Federal statutes and programs.
The December 2014 rulemaking
proposed to revise certain conditions of
participation (CoPs), conditions for
coverage (CfCs), and requirements for
certain Medicare- and Medicaidparticipating facilities to ensure that the
requirements at issue were consistent
with the Windsor decision. We received
97 public comments in response to the
December 2014 proposed rule.
Following publication of the proposed
rule, on June 26, 2015 in Obergefell v.
Hodges, (135 S. Ct. 2584 (2015)), the
Supreme Court held that the Due
Process and Equal Protection clauses of
the Fourteenth Amendment requires a
state to license a marriage between two
people of the same sex, and to recognize
same-sex marriages lawfully performed
in other States. In light of the Obergefell
decision, we have decided to withdraw
the December 2014 proposed rule. We
believe that the Obergefell decision has
addressed many of the concerns raised
in the December 2014 proposed rule.
Accordingly, the proposed rule
published December 12, 2014, at 79 FR
73873, is withdrawn.
Dated: August 24, 2017.
Seema Verma,
Administrator, Centers for Medicare &
Medicaid Services.
Approved: September 7, 2017.
Thomas E. Price,
Secretary, Department of Health and Human
Services.
[FR Doc. 2017–21419 Filed 10–3–17; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Part 424
[CMS–6012–WN]
RIN 0938–AR84
Medicare Program; Establishment of
Special Payment Provisions and
Requirements for Qualified
Practitioners and Qualified Suppliers
of Prosthetics and Custom-Fabricated
Orthotics; Withdrawal
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Withdrawal of proposed rule.
AGENCY:
Federal Register on January 12, 2017.
The proposed rule specified the
qualifications needed for qualified
practitioners to furnish and fabricate,
and qualified suppliers to fabricate
prosthetics and custom-fabricated
orthotics; accreditation requirements
that qualified suppliers must meet in
order to bill for prosthetics and custom
fabricated orthotics; requirements that
an organization must meet in order to
accredit qualified suppliers to bill for
prosthetics and custom-fabricated
orthotics; and a timeframe by which
qualified practitioners and qualified
suppliers must meet the applicable
licensure, certification, and
accreditation requirements. In addition,
the proposed rule removed the current
exemption from accreditation and
quality standards for certain
practitioners and suppliers.
As of October 4, 2017, the
proposed rule published January 12,
2017, at 82 FR 3678, is withdrawn.
DATES:
FOR FURTHER INFORMATION CONTACT:
In the
January 12, 2017 Federal Register (82
FR 3678), we published a proposed rule
titled, ‘‘Medicare Program;
Establishment of Special Payment
Provisions and Requirements for
Qualified Practitioners and Qualified
Suppliers of Prosthetics and Custom
Fabricated Orthotics’’ to ensure that
only those who are qualified to do so
can furnish, fabricate, and bill for the
prosthetics and custom-fabricated
orthotics addressed by the proposed
rule.
We received over 5,000 public
comments in response to the January 12,
2017 proposed rule.
In light of the cost and time burdens
that the proposed rule would create for
many providers and suppliers,
particularly the cost and burden for
those providers and suppliers that are
small businesses, and the complexity of
the issues raised in the detailed public
comments received, we are withdrawing
the January 12, 2017 proposed rule in
order to assure agency flexibility in reexamining the issues and exploring
options and alternatives with
stakeholders.
Accordingly, the proposed rule
published January 12, 2017, at 82 FR
3678, is withdrawn.
SUPPLEMENTARY INFORMATION:
This document withdraws a
proposed rule that was published in the
Frm 00009
Fmt 4702
Sfmt 4702
John
Spiegel, (410) 786–1909.
SUMMARY:
PO 00000
46181
E:\FR\FM\04OCP1.SGM
04OCP1
]]>Agencies
[Federal Register Volume 82, Number 191 (Wednesday, October 4, 2017)]
[Proposed Rules]
[Page 46181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21419]
[[Page 46181]]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
[CMS-3302-WN]
42 CFR Part 416, 418, 482, 483, and 485
Medicare and Medicaid Programs; Revisions to Certain Patient's
Rights Conditions for Participation and Conditions for Coverage;
Withdrawal
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Withdrawal of proposed rule.
-----------------------------------------------------------------------
SUMMARY: This document withdraws a proposed rule that was published in
the Federal Register on December 12, 2014. This proposed rule would
revise the applicable conditions of participation for certain
providers, conditions for coverage for certain suppliers, and
requirements for long-term care facilities, to ensure that the
requirements are consistent with the Supreme Court decision in United
States v. Windsor (570 U.S.12, 133 S. Ct. 2675 (2013)), and HHS policy.
Specifically, it proposed to revise certain definitions and patient's
rights provisions that currently defer to state law, in order to ensure
that same-sex spouses are recognized and afforded equal rights in
certain Medicare and Medicaid-participating facilities.
DATES: As of October 4, 2017, the proposed rule published December 12,
2014, at 79 FR 73873, is withdrawn.
FOR FURTHER INFORMATION CONTACT: Ronisha Blackstone, 410-786-6882.
SUPPLEMENTARY INFORMATION: On December 12, 2014, we published a
proposed rule in the Federal Register entitled, ``Medicare and Medicaid
Program; Revisions to Certain Patient's Rights Conditions of
Participation and Conditions for Coverage'' (79 FR 73873). In United
States v. Windsor, 570 U.S.12, 133 S. Ct. 2675 (2013), the Supreme
Court held that section 3 of the Defense of Marriage Act (DOMA) was
unconstitutional because it violated the Fifth Amendment (See Windsor,
133 S. Ct. 2675, 2695). Section 3 of DOMA provided that in determining
the meaning of any Act of the Congress, or of any ruling, regulation,
or interpretation of the various administrative bureaus and agencies of
the United States, the word ``marriage'' meant only a legal union
between one man and one woman as husband and wife, and the word
``spouse'' could refer only to a person of the opposite sex who was a
husband or a wife (1 U.S.C. 7). Following the Supreme Court's opinion
in Windsor, the Federal government was permitted to recognize the
validity of same-sex marriages when administering Federal statutes and
programs.
The December 2014 rulemaking proposed to revise certain conditions
of participation (CoPs), conditions for coverage (CfCs), and
requirements for certain Medicare- and Medicaid-participating
facilities to ensure that the requirements at issue were consistent
with the Windsor decision. We received 97 public comments in response
to the December 2014 proposed rule. Following publication of the
proposed rule, on June 26, 2015 in Obergefell v. Hodges, (135 S. Ct.
2584 (2015)), the Supreme Court held that the Due Process and Equal
Protection clauses of the Fourteenth Amendment requires a state to
license a marriage between two people of the same sex, and to recognize
same-sex marriages lawfully performed in other States. In light of the
Obergefell decision, we have decided to withdraw the December 2014
proposed rule. We believe that the Obergefell decision has addressed
many of the concerns raised in the December 2014 proposed rule.
Accordingly, the proposed rule published December 12, 2014, at 79
FR 73873, is withdrawn.
Dated: August 24, 2017.
Seema Verma,
Administrator, Centers for Medicare & Medicaid Services.
Approved: September 7, 2017.
Thomas E. Price,
Secretary, Department of Health and Human Services.
[FR Doc. 2017-21419 Filed 10-3-17; 8:45 am]
BILLING CODE 4120-01-P
