Medicare Program; CY 2020 Revisions to Payment Policies Under the Physician Fee Schedule and Other Changes to Part B Payment Policies; Medicare Shared Savings Program Requirements; Medicaid Promoting Interoperability Program Requirements for Eligible Professionals; Establishment of an Ambulance Data Collection System; Updates to the Quality Payment Program; Medicare Enrollment of Opioid Treatment Programs and Enhancements to Provider Enrollment Regulations Concerning Improper Prescribing and Patient Harm; and Amendments to Physician Self-Referral Law Advisory Opinion Regulations Final Rule; and Coding and Payment for Evaluation and Management, Observation and Provision of Self-Administered Esketamine Interim Final Rule; Correction, 8-10 [2019-28005]
Download as PDF
<![CDATA[
lotter on DSKBCFDHB2PROD with RULES
8
Federal Register / Vol. 85, No. 1 / Thursday, January 2, 2020 / Rules and Regulations
of Health and Human Services (HHS)
issued a department-wide interim final
rule titled ‘‘Adjustment of Civil
Monetary Penalties for Inflation’’ that
established new regulations at 45 CFR
part 102 to adjust for inflation the
maximum civil monetary penalty
amounts for the various civil monetary
penalty authorities for all agencies
within the Department. HHS took this
action to comply with the Federal Civil
Penalties Inflation Adjustment Act of
1990 (the Inflation Adjustment Act) (28
U.S.C. 2461 note 2(a)), as amended by
the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (section 701 of the Bipartisan
Budget Act of 2015, (Pub. L. 114–74),
enacted on November 2, 2015). In
addition, this September 2016 interim
final rule included updates to certain
agency-specific regulations to reflect the
new provisions governing the
adjustment of civil monetary penalties
for inflation in 45 CFR part 102.
One of the purposes of the Inflation
Adjustment Act was to create a
mechanism to allow for regular
inflationary adjustments to federal civil
monetary penalties. Section 2(b)(1) of
the Inflation Adjustment Act. The 2015
amendments removed an inflation
update exclusion that previously
applied to the Social Security Act as
well as to the Occupational Safety and
Health Act. The 2015 amendments also
‘‘reset’’ the inflation calculations by
excluding prior inflationary adjustments
under the Inflation Adjustment Act and
requiring agencies to identify, for each
penalty, the year and corresponding
amount(s) for which the maximum
penalty level or range of minimum and
maximum penalties was established
(that is, originally enacted by Congress)
or last adjusted other than pursuant to
the Inflation Adjustment Act. In
accordance with section 4 of the
Inflation Adjustment Act, agencies were
required to: (1) Adjust the level of civil
monetary penalties with an initial
‘‘catch-up’’ adjustment through an
interim final rulemaking (IFR) to take
effect by August 1, 2016; and (2) make
subsequent annual adjustments for
inflation.
In the September 2016 interim final
rule, HHS adopted new regulations at 45
CFR part 102 to govern adjustment of
civil monetary penalties for inflation.
The regulation at 45 CFR 102.1 provides
that part 102 applies to each statutory
provision under the laws administered
by the Department of Health and Human
Services concerning civil monetary
penalties, and that the regulations in
part 102 supersede existing HHS
regulations setting forth civil monetary
penalty amounts. The civil money
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penalties and the adjusted penalty
amounts administered by all HHS
agencies are listed in tabular form in 45
CFR 102.3. In addition to codifying the
adjusted penalty amounts identified in
§ 102.3, the HHS-wide interim final rule
included several technical conforming
updates to certain agency-specific
regulations, including various CMS
regulations, to identify their updated
information, and incorporate a crossreference to the location of HHS-wide
regulations.
Because the conforming changes to
the Medicare provisions were part of a
larger, omnibus departmental interim
final rule, we inadvertently missed
setting a target date for the final rule to
make permanent the changes to the
Medicare regulations in accordance
with section 1871(a)(3)(A) of the Act
and the procedures outlined in the
December 2004 notice. Consistent with
section 1871(a)(3)(C) of the Act, we are
publishing this notice of continuation
extending the effectiveness of the
technical conforming changes to the
Medicare regulations that were
implemented through interim final rule
and to allow time to publish a final rule.
The extended time is needed to allow
for coordination with the Department to
issue a final rule and to avoid the
potential for confusion between 45 CFR
part 102, which establishes the civil
monetary payment amounts, and the
Medicare regulations subject to the
timing requirements in section
1871(a)(3)(C) of the Act which would
otherwise revert to the language that
was used prior to the Inflation
Adjustment Act. Therefore, the
Medicare provisions adopted in interim
final regulation continue in effect and
the regular timeline for publication of
the final rule is extended for an
additional year, until September 6,
2020.
Dated: December 19, 2019.
Ann C. Agnew,
Executive Secretary to the Department,
Department of Health and Human Services.
[FR Doc. 2019–28363 Filed 12–31–19; 4:15 pm]
BILLING CODE 4120–01–P
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 403, 409, 410, 411, 414,
415, 416, 418, 424, 425, 489, and 498
[CMS–1715–CN]
RIN 0938–AT72
Medicare Program; CY 2020 Revisions
to Payment Policies Under the
Physician Fee Schedule and Other
Changes to Part B Payment Policies;
Medicare Shared Savings Program
Requirements; Medicaid Promoting
Interoperability Program Requirements
for Eligible Professionals;
Establishment of an Ambulance Data
Collection System; Updates to the
Quality Payment Program; Medicare
Enrollment of Opioid Treatment
Programs and Enhancements to
Provider Enrollment Regulations
Concerning Improper Prescribing and
Patient Harm; and Amendments to
Physician Self-Referral Law Advisory
Opinion Regulations Final Rule; and
Coding and Payment for Evaluation
and Management, Observation and
Provision of Self-Administered
Esketamine Interim Final Rule;
Correction
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Final rule; correction.
AGENCY:
This document corrects
technical errors in the final rule that
appeared in the November 15, 2019
Federal Register entitled, ‘‘Medicare
Program; CY 2020 Revisions to Payment
Policies Under the Physician Fee
Schedule and Other Changes to Part B
Payment Policies; Medicare Shared
Savings Program Requirements;
Medicaid Promoting Interoperability
Program Requirements for Eligible
Professionals; Establishment of an
Ambulance Data Collection System;
Updates to the Quality Payment
Program; Medicare Enrollment of
Opioid Treatment Programs and
Enhancements to Provider Enrollment
Regulations Concerning Improper
Prescribing and Patient Harm; and
Amendments to Physician Self-Referral
Law Advisory Opinion Regulations
Final Rule; and Coding and Payment for
Evaluation and Management,
Observation and Provision of SelfAdministered Esketamine Interim Final
Rule’’ (referred to hereafter as the ‘‘CY
2020 PFS final rule’’).
DATES: This correcting document is
effective January 1, 2020.
SUMMARY:
E:\FR\FM\02JAR1.SGM
02JAR1
Federal Register / Vol. 85, No. 1 / Thursday, January 2, 2020 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
Terri Plumb, (410) 786–4481, Gaysha
Brooks, (410) 786–9649, or Annette
Brewer (410) 786–6580.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2019–24086 of November
15, 2019, the CY 2020 PFS final rule (84
FR 62568), there were technical errors
that are identified and corrected in this
correcting document. These corrections
are effective and applicable beginning
January 1, 2020.
II. Summary of Errors
A. Summary of Errors in the Preamble
On page 62568 of the CY 2020 PFS
final rule, under DATES, we
inadvertently omitted the applicability
date for certain provisions, consistent
with and as described in section II.P. of
the final rule, Payment for Evaluation
and Management Services.
On page 62699, we inadvertently
included language that we intended to
delete.
On page 62910, we inadvertently
included the word ‘‘levels’’.
On page 62932, we inadvertently
stated incorrectly that the lone
amendment to our regulation at
§ 424.535 was the addition of paragraph
(a)(22).
On page 62972, third column, last
paragraph, lines 20 through 21, we
inadvertently omitted language.
On page 62973, first column, first
paragraph, lines 4 through 7, we
inadvertently included certain language
and inadvertently omitted other
language.
B. Summary of Errors in Regulations
Text
On page 63185, we inadvertently
omitted language in the amendatory
instruction.
lotter on DSKBCFDHB2PROD with RULES
C. Summary of Errors in the Addenda
On page 63205, due to a typographical
error, language was inadvertently
omitted in the table title for Table Group
A, the title is incorrect.
On page 63212, due to a typographical
error, language was inadvertently
omitted in the table title for Table Group
AA, the title is incorrect.
On page 63438, the last sentence of
Table D.12 contains a typographical
error.
On page 63516, the Activity ID entry
contains a typographical error.
On pages 63539 through 63563,
Appendix 2 was inadvertently included
twice.
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III. Waiver of Proposed Rulemaking
and Delay in Effective Date
Under 5 U.S.C. 553(b) of the
Administrative Procedure Act (the
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 Social Security Act
(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 APA
notice and comment, and delay in
effective date 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 notice and comment rulemaking
procedures for good cause if the agency
makes a finding that the notice and
comment process is impracticable,
unnecessary, or contrary to the public
interest, and includes a statement of the
finding and the reasons for it in the rule.
In addition, section 553(d)(3) of the
APA and section 1871(e)(1)(B)(ii) 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 in the rule a statement
of the finding and the reasons for it. In
our view, this correcting document does
not constitute a rulemaking that would
be subject to these requirements.
This document merely corrects
technical errors in the CY 2020 PFS
final rule. The corrections contained in
this document are consistent with, and
do not make substantive changes to, the
policies and payment methodologies
that were proposed, subject to notice
and comment procedures, and adopted
in the CY 2020 PFS final rule. As a
result, the corrections made through this
correcting document are intended to
resolve inadvertent errors so that the
rule accurately reflects the policies
adopted in the final rule. Even if this
were a rulemaking to which the notice
and comment 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
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9
document into the CY 2020 PFS final
rule or delaying the effective date of the
corrections would be contrary to the
public interest because it is in the
public interest to ensure that the rule
accurately reflects our policies as of the
date they take effect. Further, such
procedures would be unnecessary
because we are not making any
substantive revisions to the final rule,
but rather, we are simply correcting the
Federal Register document to reflect the
policies that we previously proposed,
received public comment on, and
subsequently finalized in the final rule.
For these reasons, we believe there is
good cause to waive the requirements
for notice and comment and delay in
effective date.
IV. Correction of Errors
In FR Doc. 2019–24086 (84 FR 62568),
published November 15, 2019, make the
following corrections:
A. Correction of Errors in the Preamble
1. On page 62568, in the second
column, the first full paragraph is
corrected to read:
‘‘DATES:
Effective date: These regulations are
effective on January 1, 2020.
Applicability date: The following
provisions as described in section II.P.
of this final rule, Payment for
Evaluation and Management Services,
are applicable beginning January 1,
2021: (1) Adoption of certain new
coding, prefatory language, and
interpretive guidance that has been
approved by the American Medical
Association/Common Procedural
Terminology (AMA/CPT) Editorial
Panel; (2) establishment of certain AMA
Relative Value Scale Update Committee
(RUC)-recommended work values for
office/outpatient E/M visit codes; and
(3) establishment and valuation of a
single add-on code for visit complexity
inherent to evaluation and management
associated with medical care services
that serve as the focal point for al
needed health care services and/or with
medical care services that are part of
ongoing care related to a patient’s
single, serious, or complex chronic
condition.’’.
2. On page 62699, second column,
under the heading, ‘‘7. Rural Health
Clinics (RHCs) and Federally-Qualified
Health Centers (FQHCs)’’, first
paragraph, lines 9 through 11, that reads
‘‘health services, and we are allowing
G0511 to also be billed when the
requirements for PCM are met.’’ is
corrected to read ‘‘health services.’’.
3. On page 62910, third column,
second full paragraph, line 6, that reads
‘‘(or payment models levels within a
E:\FR\FM\02JAR1.SGM
02JAR1
10
Federal Register / Vol. 85, No. 1 / Thursday, January 2, 2020 / Rules and Regulations
track)’’ should read ‘‘(or payment
models within a track)’’.
4. On page 62932, second column,
third full paragraph, lines 15 through
17, that reads ‘‘(a)(15); the lone
amendment to § 424.535 is the addition
of paragraph (a)(22).’’ is corrected to
read ‘‘(a)(15); the only amendments to
§ 424.535 are our previously mentioned
revision to paragraph (a)(14) and the
addition of paragraph (a)(22).’’.
5. On page 62972, third column, last
paragraph, lines 20 through 21, that
reads ‘‘Hospitalists, medical oncologists,
and radiation specialties’’ is corrected to
read ‘‘Hospitalists and radiation
oncologists,’’.
6. On page 62973, first column, first
partial paragraph, lines 4 through 7, that
reads ‘‘Other oncology specialties,
including hematology oncology,
medical oncology, gynecological
oncology, and rheumatology’ is
corrected to read ‘‘Rheumatology and
other oncology specialties, including
hematology oncology, medical
oncology, and gynecological oncology,’’.
B. Correction of Errors in the Regulatory
Text
§ 403.902
[Corrected]
1. On page 63185, in the third column,
amendatory instruction 2.b. is corrected
to read ‘‘In the definition of ‘‘Covered
recipient’’ by revising paragraph (1).
■
C. Correction of Errors in the Addenda
lotter on DSKBCFDHB2PROD with RULES
1. On page 63205, the title ‘‘TABLE
Group A: New Quality Measures
Finalized for the 2022 MIPS Payment
Year and Future Years’’ is corrected to
read: ‘‘TABLE Group A: New Quality
Measures Finalized and Not Finalized
for the 2022 MIPS Payment Year and
Future Years’’.
2. On page 63212, the title ‘‘TABLE
Group AA: New Quality Measures
Finalized for the 2023 MIPS Payment
Year and Future Years’’ is corrected to
read: ‘‘TABLE Group AA: New Quality
Measure Not Finalized for the 2023
MIPS Payment Year and Future Years’’.
3. On page 63438, the last sentence of
Table D.12 is corrected by replacing
‘‘Q112’’ with ‘‘Q113’’.
4. On page 63516, the Activity ID
entry ‘‘IA_CC_18’’ is corrected to read
‘‘IA_CC_19’’.
5. On pages 63539 through 63563, the
second occurrence of Appendix 2 is
removed.
Dated: December 19, 2019.
Ann C. Agnew,
Executive Secretary to the Department,
Department of Health and Human Services.
[FR Doc. 2019–28005 Filed 12–30–19; 4:15 pm]
BILLING CODE 4120–01–P
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15:41 Dec 31, 2019
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 243
[Docket No. FRA–2019–0095, Notice No. 2]
RIN 2130–AC86
Training, Qualification, and Oversight
for Safety-Related Railroad Employees
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
In response to a petition for
rulemaking, FRA is amending its
regulation on Training, Qualification,
and Oversight for Safety-Related
Railroad Employees by delaying the
regulation’s implementation dates for all
contractors, and those Class II and III
railroads that are not intercity or
commuter passenger railroads with
400,000 total employee work hours
annually or more.
DATES: This regulation is effective
December 30, 2019.
ADDRESSES: For access to the docket to
read background documents or
submissions received, go to https://
www.regulations.gov at any time or to
Room W12–140 on the Ground level of
the West Building, 1200 New Jersey
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m. Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Robert J. Castiglione, Staff Director—
Human Performance Division, Federal
Railroad Administration, 4100
International Plaza, Suite 450, Fort
Worth, TX 76109–4820 (telephone: 817–
447–2715); or Alan H. Nagler, Senior
Attorney, Federal Railroad
Administration, Office of Chief Counsel,
1200 New Jersey Avenue SE,
Washington, DC 20590 (telephone: 202–
493–6038).
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Executive Summary
On November 7, 2014, FRA published
a final rule (2014 Final Rule) that
established minimum training standards
for each category and subcategory of
safety-related railroad employees and
required railroad carriers, contractors,
and subcontractors to submit training
programs to FRA for approval. See 79
FR 66459. The 2014 Final Rule was
required by section 401(a) of the Rail
Safety Improvement Act of 2008 (RSIA),
Public Law 110–432, 122 Stat. 4883
(Oct. 16, 2008), codified at 49 U.S.C.
20162. The Secretary of Transportation
delegated the authority to conduct this
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rulemaking and implement the rule to
the Federal Railroad Administrator. 49
CFR 1.89(b).
On May 3, 2017, FRA delayed
implementation dates in the 2014 Final
Rule by one year. On April 27, 2018,
FRA responded to a petition for
reconsideration of that May 2017 rule by
granting the American Short Line and
Regional Railroad Association’s
(ASLRRA) request to delay the
implementation dates by an additional
year.
On June 27 and July 12, 2019,
ASLRRA and the National Railroad
Construction and Maintenance
Association, Inc. (NRC) (collectively
Associations) filed petitions for
rulemaking that were docketed in DOT’s
Docket Management System as FRA–
2019–0050. The Associations’ petitions
request that FRA delay implementation
and make several substantive changes to
the part 243 regulation.
On November 22, 2019, FRA
published a notice of proposed
rulemaking (NPRM) describing the
Associations’ petitions and responding
to the request to delay implementation.
84 FR 64447. FRA proposed to delay the
implementation dates in the rule for all
contractors, and those Class II and III
railroads that are not intercity or
commuter passenger railroads with
400,000 total employee work hours
annually or more. In the NPRM, FRA
explained how its response is
specifically targeted to equalize the
implementation dates for those
employers most likely to adopt model
programs rather than develop their own
programs. FRA also announced that it is
considering whether to initiate a
separate rulemaking which would be
limited to amending FRA’s training
regulation so that the regulatory text
includes the latest guidance that is
intended to help small entities and
other users of model training programs.
Although these two rulemakings would
be separate, FRA explained in the
NPRM that they would be
complementary in that, without any
changes to the implementation dates,
the targeted employers might not
understand that the regulation contains
more flexibility than is commonly
understood or they may not feel
comfortable following the guidance
believing there is regulatory uncertainty.
II. Discussion of Comments and
Conclusions
FRA received six written comments in
response to the NPRM. FRA did not
receive a request for a public hearing
and none was provided.
A comment was filed jointly by
ASLRRA and NRC in support of
E:\FR\FM\02JAR1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 1 (Thursday, January 2, 2020)]
[Rules and Regulations]
[Pages 8-10]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28005]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 403, 409, 410, 411, 414, 415, 416, 418, 424, 425, 489,
and 498
[CMS-1715-CN]
RIN 0938-AT72
Medicare Program; CY 2020 Revisions to Payment Policies Under the
Physician Fee Schedule and Other Changes to Part B Payment Policies;
Medicare Shared Savings Program Requirements; Medicaid Promoting
Interoperability Program Requirements for Eligible Professionals;
Establishment of an Ambulance Data Collection System; Updates to the
Quality Payment Program; Medicare Enrollment of Opioid Treatment
Programs and Enhancements to Provider Enrollment Regulations Concerning
Improper Prescribing and Patient Harm; and Amendments to Physician
Self-Referral Law Advisory Opinion Regulations Final Rule; and Coding
and Payment for Evaluation and Management, Observation and Provision of
Self-Administered Esketamine Interim Final Rule; Correction
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This document corrects technical errors in the final rule that
appeared in the November 15, 2019 Federal Register entitled, ``Medicare
Program; CY 2020 Revisions to Payment Policies Under the Physician Fee
Schedule and Other Changes to Part B Payment Policies; Medicare Shared
Savings Program Requirements; Medicaid Promoting Interoperability
Program Requirements for Eligible Professionals; Establishment of an
Ambulance Data Collection System; Updates to the Quality Payment
Program; Medicare Enrollment of Opioid Treatment Programs and
Enhancements to Provider Enrollment Regulations Concerning Improper
Prescribing and Patient Harm; and Amendments to Physician Self-Referral
Law Advisory Opinion Regulations Final Rule; and Coding and Payment for
Evaluation and Management, Observation and Provision of Self-
Administered Esketamine Interim Final Rule'' (referred to hereafter as
the ``CY 2020 PFS final rule'').
DATES: This correcting document is effective January 1, 2020.
[[Page 9]]
FOR FURTHER INFORMATION CONTACT: Terri Plumb, (410) 786-4481, Gaysha
Brooks, (410) 786-9649, or Annette Brewer (410) 786-6580.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2019-24086 of November 15, 2019, the CY 2020 PFS final
rule (84 FR 62568), there were technical errors that are identified and
corrected in this correcting document. These corrections are effective
and applicable beginning January 1, 2020.
II. Summary of Errors
A. Summary of Errors in the Preamble
On page 62568 of the CY 2020 PFS final rule, under DATES, we
inadvertently omitted the applicability date for certain provisions,
consistent with and as described in section II.P. of the final rule,
Payment for Evaluation and Management Services.
On page 62699, we inadvertently included language that we intended
to delete.
On page 62910, we inadvertently included the word ``levels''.
On page 62932, we inadvertently stated incorrectly that the lone
amendment to our regulation at Sec. 424.535 was the addition of
paragraph (a)(22).
On page 62972, third column, last paragraph, lines 20 through 21,
we inadvertently omitted language.
On page 62973, first column, first paragraph, lines 4 through 7, we
inadvertently included certain language and inadvertently omitted other
language.
B. Summary of Errors in Regulations Text
On page 63185, we inadvertently omitted language in the amendatory
instruction.
C. Summary of Errors in the Addenda
On page 63205, due to a typographical error, language was
inadvertently omitted in the table title for Table Group A, the title
is incorrect.
On page 63212, due to a typographical error, language was
inadvertently omitted in the table title for Table Group AA, the title
is incorrect.
On page 63438, the last sentence of Table D.12 contains a
typographical error.
On page 63516, the Activity ID entry contains a typographical
error.
On pages 63539 through 63563, Appendix 2 was inadvertently included
twice.
III. Waiver of Proposed Rulemaking and Delay in Effective Date
Under 5 U.S.C. 553(b) of the Administrative Procedure Act (the
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 Social Security Act (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 APA notice and
comment, and delay in effective date 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 notice and comment rulemaking procedures
for good cause if the agency makes a finding that the notice and
comment process is impracticable, unnecessary, or contrary to the
public interest, and includes a statement of the finding and the
reasons for it in the rule. In addition, section 553(d)(3) of the APA
and section 1871(e)(1)(B)(ii) 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 in the rule a statement of the finding
and the reasons for it. In our view, this correcting document does not
constitute a rulemaking that would be subject to these requirements.
This document merely corrects technical errors in the CY 2020 PFS
final rule. The corrections contained in this document are consistent
with, and do not make substantive changes to, the policies and payment
methodologies that were proposed, subject to notice and comment
procedures, and adopted in the CY 2020 PFS final rule. As a result, the
corrections made through this correcting document are intended to
resolve inadvertent errors so that the rule accurately reflects the
policies adopted in the final rule. Even if this were a rulemaking to
which the notice and comment 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 CY 2020 PFS final rule or
delaying the effective date of the corrections would be contrary to the
public interest because it is in the public interest to ensure that the
rule accurately reflects our policies as of the date they take effect.
Further, such procedures would be unnecessary because we are not making
any substantive revisions to the final rule, but rather, we are simply
correcting the Federal Register document to reflect the policies that
we previously proposed, received public comment on, and subsequently
finalized in the final rule. For these reasons, we believe there is
good cause to waive the requirements for notice and comment and delay
in effective date.
IV. Correction of Errors
In FR Doc. 2019-24086 (84 FR 62568), published November 15, 2019,
make the following corrections:
A. Correction of Errors in the Preamble
1. On page 62568, in the second column, the first full paragraph is
corrected to read:
``DATES:
Effective date: These regulations are effective on January 1, 2020.
Applicability date: The following provisions as described in
section II.P. of this final rule, Payment for Evaluation and Management
Services, are applicable beginning January 1, 2021: (1) Adoption of
certain new coding, prefatory language, and interpretive guidance that
has been approved by the American Medical Association/Common Procedural
Terminology (AMA/CPT) Editorial Panel; (2) establishment of certain AMA
Relative Value Scale Update Committee (RUC)-recommended work values for
office/outpatient E/M visit codes; and (3) establishment and valuation
of a single add-on code for visit complexity inherent to evaluation and
management associated with medical care services that serve as the
focal point for al needed health care services and/or with medical care
services that are part of ongoing care related to a patient's single,
serious, or complex chronic condition.''.
2. On page 62699, second column, under the heading, ``7. Rural
Health Clinics (RHCs) and Federally-Qualified Health Centers (FQHCs)'',
first paragraph, lines 9 through 11, that reads ``health services, and
we are allowing G0511 to also be billed when the requirements for PCM
are met.'' is corrected to read ``health services.''.
3. On page 62910, third column, second full paragraph, line 6, that
reads ``(or payment models levels within a
[[Page 10]]
track)'' should read ``(or payment models within a track)''.
4. On page 62932, second column, third full paragraph, lines 15
through 17, that reads ``(a)(15); the lone amendment to Sec. 424.535
is the addition of paragraph (a)(22).'' is corrected to read ``(a)(15);
the only amendments to Sec. 424.535 are our previously mentioned
revision to paragraph (a)(14) and the addition of paragraph (a)(22).''.
5. On page 62972, third column, last paragraph, lines 20 through
21, that reads ``Hospitalists, medical oncologists, and radiation
specialties'' is corrected to read ``Hospitalists and radiation
oncologists,''.
6. On page 62973, first column, first partial paragraph, lines 4
through 7, that reads ``Other oncology specialties, including
hematology oncology, medical oncology, gynecological oncology, and
rheumatology' is corrected to read ``Rheumatology and other oncology
specialties, including hematology oncology, medical oncology, and
gynecological oncology,''.
B. Correction of Errors in the Regulatory Text
Sec. 403.902 [Corrected]
0
1. On page 63185, in the third column, amendatory instruction 2.b. is
corrected to read ``In the definition of ``Covered recipient'' by
revising paragraph (1).
C. Correction of Errors in the Addenda
1. On page 63205, the title ``TABLE Group A: New Quality Measures
Finalized for the 2022 MIPS Payment Year and Future Years'' is
corrected to read: ``TABLE Group A: New Quality Measures Finalized and
Not Finalized for the 2022 MIPS Payment Year and Future Years''.
2. On page 63212, the title ``TABLE Group AA: New Quality Measures
Finalized for the 2023 MIPS Payment Year and Future Years'' is
corrected to read: ``TABLE Group AA: New Quality Measure Not Finalized
for the 2023 MIPS Payment Year and Future Years''.
3. On page 63438, the last sentence of Table D.12 is corrected by
replacing ``Q112'' with ``Q113''.
4. On page 63516, the Activity ID entry ``IA_CC_18'' is corrected
to read ``IA_CC_19''.
5. On pages 63539 through 63563, the second occurrence of Appendix
2 is removed.
Dated: December 19, 2019.
Ann C. Agnew,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2019-28005 Filed 12-30-19; 4:15 pm]
BILLING CODE 4120-01-P
