Medicare Program: Changes to Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs; Correction, 61567-61568 [2018-26079]

Download as PDF Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Rules and Regulations that the economic impact on small entities and small manufacturers will be minimal and less than 3 percent. Unfunded Mandates Reform Act Section 202(a) of the Unfunded Mandates Reform Act of 1995 requires that agencies prepare a written statement, which includes an assessment of anticipated costs and benefits, before proposing ‘‘any rule that includes any Federal mandate that may result in the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector, of $100 million or more (adjusted annually for inflation) in any one year.’’ In 2018, that threshold is approximately $150 million. HHS does not expect this rule to exceed the threshold. [FR Doc. 2018–26223 Filed 11–29–18; 8:45 am] BILLING CODE 4165–15–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Parts 416 and 419 [CMS–1695–CN] Executive Order 13132—Federalism RIN 0938–AT30 HHS has reviewed this final rule in accordance with Executive Order 13132 regarding federalism, and has determined that it does not have ‘‘federalism implications.’’ This rule would not ‘‘have substantial direct effects on the States, or on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.’’ The proposal to rescind the June 5, 2018, final rule and make the January 5, 2017, final rule effective as of January 1, 2019, would not adversely affect the following family elements: Family safety, family stability, marital commitment; parental rights in the education, nurture, and supervision of their children; family functioning, disposable income or poverty; or the behavior and personal responsibility of youth, as determined under Section 654(c) of the Treasury and General Government Appropriations Act of 1999. Medicare Program: Changes to Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs; Correction Paperwork Reduction Act amozie on DSK3GDR082PROD with RULES Dated: November 27, 2018. George Sigounas, Administrator, Health Resources and Services Administration. Approved: November 28, 2018. Alex M. Azar II, Secretary, Department of Health and Human Services. The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires that OMB approve all collections of information by a Federal agency from the public before they can be implemented. This final rule is projected to have no impact on current reporting and recordkeeping burden for manufacturers under the 340B Program. Changes finalized in this rule would result in no new reporting burdens. Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Final rule; correction. AGENCY: This document corrects an error that appeared in the final rule with comment period published in the Federal Register on November 21, 2018, entitled ‘‘Medicare Program: Changes to Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs.’’ Specifically, this document corrects the public comment period end date. The corrected date is January 2, 2019. DATES: Effective date: This correction is effective November 29, 2018. Comment period: To be assured consideration, comments on the payment classifications assigned to the interim APC assignments and/or status indicators of new or replacement Level II HCPCS codes in FR Doc. 2018–24243 of November 21, 2018 (83 FR 58818), must be received at one of the addresses provided in the ADDRESSES section no later than 5 p.m. EST on January 2, 2019. SUMMARY: FOR FURTHER INFORMATION CONTACT: Marjorie Baldo, (410) 786–4617. SUPPLEMENTARY INFORMATION: I. Background In FR Doc. 2018–24243 of November 21, 2018 (83 FR 58818), entitled ‘‘Medicare Program: Changes to Hospital Outpatient Prospective Payment and VerDate Sep<11>2014 16:03 Nov 29, 2018 Jkt 247001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 61567 Ambulatory Surgical Center Payment Systems and Quality Reporting Programs’’ (hereinafter referred to as the CY 2019 OPPS/ASC final rule with comment period), there was an error that is identified and corrected in the Correction of Errors section below. II. Summary of Errors On page 58818, we made an error in the DATES section under the heading ‘‘Comment period.’’ We inadvertently stated that comments on the payment classifications assigned to the interim Medicare Ambulatory Payment Classification (APC) assignments and/or status indicators of new or replacement Level II Healthcare Common Procedure Coding System (HCPCS) codes in the final rule with comment period must be received no later than 5 p.m. EST on December 3, 2018. The corrected date is January 2, 2019, 60 days from the date of filing for public inspection. III. Waiver of Proposed Rulemaking 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 of the 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 is 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 E:\FR\FM\30NOR1.SGM 30NOR1 61568 Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Rules and Regulations document corrects a technical error in the preamble to the CY 2019 OPPS/ASC final rule with comment period but does not make substantive changes to the policies or payment methodologies that were adopted in the final rule. Rather, it is intended to ensure that the public has 60 days to comment on the payment classifications assigned to the interim APC assignments and/or status indicators of new or replacement Level II HCPCS codes in the CY 2019 OPPS/ ASC final rule with comment period, which is the duration of the typical comment period on these topics. 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 correction 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 to have adequate time to comment on the payment classifications assigned to the interim APC assignments and/or status indicators of new or replacement Level II HCPCS codes included in the CY 2019 OPPS/ASC final rule with comment period. Furthermore, such procedures would be unnecessary, as we are not altering our payment methodologies or policies, but rather, we are simply correcting the incorrect comment period end date. This correcting document is intended solely to ensure that the comment period end date included in the CY 2019 OPPS/ASC final rule with comment period is correct for those items on which the public can submit public comments. For these reasons, we believe we have good cause to waive the notice and comment and effective date requirements. IV. Correction of Errors In FR Doc. 2018–24243 of November 21, 2018 (83 FR 58818), make the following corrections: 1. On page 58818, in the second column, in the DATES section, under the heading ‘‘Comment Period,’’ correct ‘‘December 3, 2018’’ to read ‘‘January 2, 2019’’. Dated: November 26, 2018. Ann C. Agnew, Executive Secretary to the Department, Department of Health and Human Services. [FR Doc. 2018–26079 Filed 11–29–18; 8:45 am] BILLING CODE 4120–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 151211999–6343–02] RIN 0648–XG607 Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Georges Bank Cod Trip Limit Adjustment for the Common Pool Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason adjustment. AGENCY: This action adjusts the possession and trip limits of Georges Bank cod for Northeast multispecies common pool vessels for the remainder of the 2018 fishing year, in order to ensure that the common pool fishery is SUMMARY: able to harvest, but not exceed, its annual quota for the stock. These changes are intended to provide the common pool fishery with additional fishing opportunities. DATES: These possession and trip limit adjustment are effective November 29, 2018, through April 30, 2019. FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Management Specialist, 978–281–9232. SUPPLEMENTARY INFORMATION: Possession and Trip Limit Increase for Georges Bank Cod The regulations at § 648.86(o) authorize the Regional Administrator to adjust the possession and trip limits for common pool vessels in order to help avoid the overharvest or underharvest of the common pool quotas. Based on information reported through October 13, 2018, the common pool fishery has caught 5,797 lb (2.6 mt) of Georges Bank (GB) cod, or approximately 11 percent of its 53,374 lb (24.2 mt) annual quota. At the current rate of fishing, the common pool fishery is not projected to fully harvest its annual quota for the stock by the end of the 2018 fishing year. A moderate increase in the possession and trip limits for the stock will provide additional opportunities with little risk of exceeding the common pool quota of the stock. Effective November 29, 2018, the possession and trip limit of GB cod is increased, as summarized in Table 1. Common pool groundfish vessels that have declared their trip through the vessel monitoring system (VMS) or interactive voice response system, and crossed the VMS demarcation line prior to November 29, 2018, may land at the new possession and trip limits for that trip. TABLE 1—CURRENT AND NEW POSSESSION AND TRIP LIMITS FOR GB COD Permit type Current possession/trip limits New possession/trip limits Day-At-Sea (DAS) .. 100 lb (45.4 kg) per DAS, up to 200 lb (90.7 kg) per trip (Outside of the Eastern U.S./Canada Area). 100 lb (45.4 kg) per DAS, up to 500 lb (226.8 kg) per trip (Inside the Eastern U.S./Canada Area). 100 lb (45.4 kg) per trip ......................................................................................... 25 lb (11.3 kg) per trip ........................................................................................... 100 lb (45.4 kg) per trip ......................................................................................... 250 lb (113.4 kg) per DAS, up to 500 lb (226.8 kg) per trip. Handgear A ............. Handgear B ............. Small Vessel Category *. 250 lb (113.4 kg) per trip. unchanged. 250 lb (113.4 kg) per trip. amozie on DSK3GDR082PROD with RULES * The Small Vessel Category trip limit of 300 lb of cod, yellowtail flounder, and haddock combined remains in place. VerDate Sep<11>2014 16:03 Nov 29, 2018 Jkt 247001 PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 E:\FR\FM\30NOR1.SGM 30NOR1

Agencies

[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)]
[Rules and Regulations]
[Pages 61567-61568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26079]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 416 and 419

[CMS-1695-CN]
RIN 0938-AT30


Medicare Program: Changes to Hospital Outpatient Prospective 
Payment and Ambulatory Surgical Center Payment Systems and Quality 
Reporting Programs; Correction

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

ACTION: Final rule; correction.

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

SUMMARY: This document corrects an error that appeared in the final 
rule with comment period published in the Federal Register on November 
21, 2018, entitled ``Medicare Program: Changes to Hospital Outpatient 
Prospective Payment and Ambulatory Surgical Center Payment Systems and 
Quality Reporting Programs.'' Specifically, this document corrects the 
public comment period end date. The corrected date is January 2, 2019.

DATES: 
    Effective date: This correction is effective November 29, 2018.
    Comment period: To be assured consideration, comments on the 
payment classifications assigned to the interim APC assignments and/or 
status indicators of new or replacement Level II HCPCS codes in FR Doc. 
2018-24243 of November 21, 2018 (83 FR 58818), must be received at one 
of the addresses provided in the ADDRESSES section no later than 5 p.m. 
EST on January 2, 2019.

FOR FURTHER INFORMATION CONTACT: Marjorie Baldo, (410) 786-4617.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. 2018-24243 of November 21, 2018 (83 FR 58818), entitled 
``Medicare Program: Changes to Hospital Outpatient Prospective Payment 
and Ambulatory Surgical Center Payment Systems and Quality Reporting 
Programs'' (hereinafter referred to as the CY 2019 OPPS/ASC final rule 
with comment period), there was an error that is identified and 
corrected in the Correction of Errors section below.

II. Summary of Errors

    On page 58818, we made an error in the DATES section under the 
heading ``Comment period.'' We inadvertently stated that comments on 
the payment classifications assigned to the interim Medicare Ambulatory 
Payment Classification (APC) assignments and/or status indicators of 
new or replacement Level II Healthcare Common Procedure Coding System 
(HCPCS) codes in the final rule with comment period must be received no 
later than 5 p.m. EST on December 3, 2018. The corrected date is 
January 2, 2019, 60 days from the date of filing for public inspection.

III. Waiver of Proposed Rulemaking

    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 of 
the 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 is 
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

[[Page 61568]]

document corrects a technical error in the preamble to the CY 2019 
OPPS/ASC final rule with comment period but does not make substantive 
changes to the policies or payment methodologies that were adopted in 
the final rule. Rather, it is intended to ensure that the public has 60 
days to comment on the payment classifications assigned to the interim 
APC assignments and/or status indicators of new or replacement Level II 
HCPCS codes in the CY 2019 OPPS/ASC final rule with comment period, 
which is the duration of the typical comment period on these topics.
    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 correction 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 to have adequate time to comment on the payment 
classifications assigned to the interim APC assignments and/or status 
indicators of new or replacement Level II HCPCS codes included in the 
CY 2019 OPPS/ASC final rule with comment period.
    Furthermore, such procedures would be unnecessary, as we are not 
altering our payment methodologies or policies, but rather, we are 
simply correcting the incorrect comment period end date. This 
correcting document is intended solely to ensure that the comment 
period end date included in the CY 2019 OPPS/ASC final rule with 
comment period is correct for those items on which the public can 
submit public comments. For these reasons, we believe we have good 
cause to waive the notice and comment and effective date requirements.

IV. Correction of Errors

    In FR Doc. 2018-24243 of November 21, 2018 (83 FR 58818), make the 
following corrections:
    1. On page 58818, in the second column, in the DATES section, under 
the heading ``Comment Period,'' correct ``December 3, 2018'' to read 
``January 2, 2019''.

    Dated: November 26, 2018.
 Ann C. Agnew,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2018-26079 Filed 11-29-18; 8:45 am]
 BILLING CODE 4120-01-P

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