Medicare Program; FY 2021 Inpatient Psychiatric Facilities Prospective Payment System (IPF PPS) and Special Requirements for Psychiatric Hospitals for Fiscal Year Beginning October 1, 2020 (FY 2021); Correction, 52923-52924 [2020-18902]
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Federal Register / Vol. 85, No. 167 / Thursday, August 27, 2020 / Rules and Regulations
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I. Background
Mark Schultz,
Commissioner, Rehabilitation Services
Administration, Delegated the authority to
perform the functions and duties of the
Assistant Secretary for the Office of Special
Education and Rehabilitative Services.
[FR Doc. 2020–19004 Filed 8–25–20; 4:15 pm]
BILLING CODE 4000–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 412 and 482
[CMS–1731–CN and CMS–1744–CN]
RIN–0938–AU07 and 0938–AU31
Medicare Program; FY 2021 Inpatient
Psychiatric Facilities Prospective
Payment System (IPF PPS) and Special
Requirements for Psychiatric Hospitals
for Fiscal Year Beginning October 1,
2020 (FY 2021); Correction
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Final rule; correction.
AGENCY:
In the August 4, 2020 issue of
the Federal Register, we published a
final rule entitled ‘‘FY 2021 Inpatient
Psychiatric Facilities Prospective
Payment System (IPF PPS) and Special
Requirements for Psychiatric Hospitals
for Fiscal Year Beginning October 1,
2020 (FY 2021)’’. The August 4, 2020
final rule updates the prospective
payment rates, the outlier threshold,
and the wage index for Medicare
inpatient hospital services provided by
Inpatient Psychiatric Facilities (IPF),
which include psychiatric hospitals and
excluded psychiatric units of an
Inpatient Prospective Payment System
(IPPS) hospital or critical access
hospital. In addition, we adopted more
recent Office of Management and
Budget (OMB) statistical area
delineations, and applied a 2-year
transition for all providers negatively
impacted by wage index changes. This
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:18 Aug 26, 2020
Jkt 250001
correction document corrects the
statement of economic significance in
the August 4, 2020 final rule.
DATES: This correction is effective
October 1, 2020.
FOR FURTHER INFORMATION CONTACT: The
IPF Payment Policy mailbox at
IPFPaymentPolicy@cms.hhs.gov for
general information.
Nicolas Brock, (410) 786–5148, for
information regarding the statement of
economic significance.
SUPPLEMENTARY INFORMATION:
In FR Doc. 2020–16990 (85 FR 47042),
the final rule entitled ‘‘FY 2021
Inpatient Psychiatric Facilities
Prospective Payment System (IPF PPS)
and Special Requirements for
Psychiatric Hospitals for Fiscal Year
Beginning October 1, 2020 (FY 2021)’’
(hereinafter referred to as the FY 2021
IPF PPS final rule) there was an error in
the statement of economic significance
and status as major under the
Congressional Review Act (5 U.S.C. 801
et seq.). Based on an estimated total
impact of $95 million in increased
transfers from the federal government to
IPF providers, we previously stated that
the final rule was not economically
significant under Executive Order (E.O.)
12866, and that the rule was not a major
rule under the Congressional Review
Act. However, the Office of Management
and Budget designated this rule as
economically significant under E.O.
12866 and major under the
Congressional Review Act. We are
correcting our previous statement in the
August 4, 2020 final rule accordingly.
This correction is effective October 1,
2020.
II. Summary of Errors
On page 47064, in the third column,
the third full paragraph under B. Overall
Impact should be replaced entirely. The
entire paragraph stating:
‘‘We estimate that this rulemaking is
not economically significant as
measured by the $100 million threshold,
and hence not a major rule under the
Congressional Review Act. Accordingly,
we have prepared a Regulatory Impact
Analysis that to the best of our ability
presents the costs and benefits of the
rulemaking.’’
should be replaced with:
‘‘We estimate that the total impact of
this final rule is close to the $100
million threshold. The Office of
Management and Budget has designated
this rule as economically significant
under E.O. 12866 and a major rule
under the Congressional Review Act (5
U.S.C. 801 et seq.). Accordingly, we
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
52923
have prepared a Regulatory Impact
Analysis that to the best of our ability
presents the costs and benefits of the
rulemaking.’’
III. Waiver of Proposed Rulemaking
and Delay in Effective Date
We ordinarily publish a notice of
proposed rulemaking in the Federal
Register to provide a period for public
comment before the provisions of a rule
take effect in accordance with section
553(b) of the Administrative Procedure
Act (APA) (5 U.S.C. 553(b)). However,
we can waive this notice and comment
procedure if the Secretary of the
Department of Human Services finds,
for good cause, that the notice and
comment process is impracticable,
unnecessary, or contrary to the public
interest, and incorporates a statement of
the finding and the reasons therefore in
the notice.
This correction document does not
constitute a rulemaking that would be
subject to these requirements because it
corrects only the statement of economic
significance included in the FY 2021
IPF PPS 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
adopted and subjected to notice and
comment procedures in the FY 2021 IPF
PPS final rule. Rather, the corrections
made through this correction document
are intended to ensure that the FY 2021
IPF PPS final rule accurately reflects
OMB’s determination about its
economic significance and major status
under the Congressional Review Act
(CRA). Executive Order 12866 and CRA
determinations are functions of the
Office of Management and Budget, not
the Department of Health and Human
Services, and are not rules as defined by
the Administrative Procedure Act (5
U.S. Code 551(4)).
We ordinarily provide a 60-day delay
in the effective date of final rules after
the date they are issued, in accordance
with the CRA (5 U.S.C. 801(a)(3)).
However, section 808(2) of the CRA
provides that, if an agency finds good
cause that notice and public procedure
are impracticable, unnecessary, or
contrary to the public interest, the rule
shall take effect at such time as the
agency determines. Even if this were a
rulemaking to which the delayed
effective date requirement applied, we
found, in the FY 2021 IPF PPS Final
Rule (85 FR 47043), good cause to waive
the 60-day delay in the effective date of
the IPF PPS final rule. In the final rule,
we explained that, due to CMS
prioritizing efforts in support of
containing and combatting the COVID–
E:\FR\FM\27AUR1.SGM
27AUR1
52924
Federal Register / Vol. 85, No. 167 / Thursday, August 27, 2020 / Rules and Regulations
19 public health emergency by devoting
significant resources to that end, the
work needed on the IPF PPS final rule
was not completed in accordance with
our usual rulemaking schedule. We
noted that it is critical, however, to
ensure that the IPF PPS payment
policies are effective on the first day of
the fiscal year to which they are
intended to apply and therefore, it
would be contrary to the public interest
to not waive the 60-day delay in the
effective date. Undertaking further
notice and comment procedures to
incorporate the corrections in this
document into the FY 2021 IPF PPS
final rule or delaying the effective date
would be contrary to the public interest
because it is in the public’s interest to
ensure that the policies finalized in the
FY 2021 IPF PPS are effective as of the
first day of the fiscal year to ensure
providers and suppliers receive timely
and appropriate payments. Further,
such procedures would be unnecessary,
because we are not altering the payment
methodologies or policies. Rather, the
correction we are making is only to
indicate that the FY 2021 IPF PPS final
rule is economically significant and a
major rule under the CRA. For these
reasons, we find we have good cause to
waive the notice and comment and
effective date requirements.
IV. Correction of Errors in the Preamble
khammond on DSKJM1Z7X2PROD with RULES
In FR Doc. 2020–16990, appearing on
page 47042 in the Federal Register of
Tuesday, August 4, 2020, the following
correction is made:
1. On page 47064, in the 3rd column,
under B. Overall Impact, correct the
third full paragraph to read as follows:
We estimate that the total impact of
this final rule is very close to the $100
million threshold. The Office of
Management and Budget has designated
this rule as economically significant
under E.O. 12866 and a major rule
under the Congressional Review Act (5
U.S.C. 801 et seq.). Accordingly, we
have prepared a Regulatory Impact
Analysis that to the best of our ability
presents the costs and benefits of the
rulemaking.
Dated: August 24, 2020.
Wilma M. Robinson,
Deputy Executive Secretary to the
Department, Department of Health and
Human Services.
[FR Doc. 2020–18902 Filed 8–26–20; 8:45 am]
BILLING CODE 4120–01–P
VerDate Sep<11>2014
16:18 Aug 26, 2020
Jkt 250001
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1812, 1831, 1846, and
1852
RIN 2700–AE38
NASA Federal Acquisition Regulation
Supplement: Detection and Avoidance
of Counterfeit Parts (NFS Case 2017–
N010)
National Aeronautics and
Space Administration.
ACTION: Final rule.
AGENCY:
NASA is finalizing a revision
to the NASA Federal Acquisition
Regulation Supplement (NFS) requiring
covered contractors and subcontractors
at all tiers to use electronic parts that are
currently in production and purchased
from the original manufacturers of the
parts, their authorized dealers, or
suppliers who obtain such parts
exclusively from the original
manufacturers of the parts or their
authorized dealers. These changes
implement section 823(c)(2)(B) of Public
Law 115–10, the National Aeronautics
and Space Administration Transition
Authorization Act of 2017.
DATES: This rule is effective September
28, 2020.
FOR FURTHER INFORMATION CONTACT:
Dorice Kenely, NASA HQ, Office of
Procurement, Policy, Training and
Pricing Division, LP–011, 300 E Street
SW, Washington, DC 20456–0001.
Telephone 202–358–0443; facsimile
202–358–3082.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Overview of the Rule
This rule implements section
823(c)(2)(B) of Public Law 115–10, the
National Aeronautics and Space
Administration Transition
Authorization Act of 2017. It revises the
NASA Federal Acquisition Regulation
Supplement (NFS) to add new text
requiring a covered contractor, defined
as a contractor supplying an electronic
part or a product that contains an
electronic part, and their subcontractors
at all tiers to use electronic parts
currently in production and purchased
from the original manufacturers, their
authorized dealers, or suppliers who
obtain such parts exclusively from the
original manufacturers of the parts or
their authorized dealers. If the
contractor does not purchase electronic
parts as discussed above, they must
purchase the parts from a NASA
identified supplier or contractorapproved supplier. The contractor then
assumes responsibility and be required
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
to inspect, test and validate
authentication of the part. The
contractor is also required to obtain
traceability information and provide
this information to the contracting
officer upon request. The selection of
contractor-approved suppliers is subject
to review and audit by the contracting
officer.
NASA’s final rule is a separate but
companion action to the FAR Council
rule on Reporting of Nonconforming
Items to the Government-Industry Data
Exchange Program (GIDEP) (FAR Case
2013–002) published at 84 FR 64680.
While both rules pertain to the topic of
counterfeit parts and suspected
counterfeit parts, there are discernable
differences as they are implementing
separate acts. These differences are
discussed below.
Scope
While both the FAR and the NFS rule
pertain to the topic of counterfeit parts
and suspected counterfeit parts, the
FAR has a broader application in the
types of items covered. It is applicable
to all items subject to higher-level
quality standards in accordance with
the clause at FAR 52.246–11, HigherLevel Contract Quality Requirement; all
items that the contracting officer, in
consultation with the requiring activity
determines to be critical items for which
use of the clause is appropriate; and for
the acquisition of services, if the
contractor will furnish, as part of the
service, any items that meet the criteria
specified in paragraphs (a)(1) through
(a)(2) of this section. In addition, the
FAR covers acquisitions that exceed the
simplified acquisition threshold and are
by, or for, the Department of Defense for
electronic parts or end items,
components, parts, or materials
containing electronic parts. Based on
the requirements of section 823 the NFS
rule applies only to electronic parts for
use in a safety or mission critical
applications.
Reporting/Notification
The FAR requires two reporting
requirements which are cleared under
OMB Control number 9000–0187 titled
Reporting of Nonconforming Items to
the Government-Industry Data Exchange
Program—FAR Sections affected:
52.246–26. One requirement is the
submission of a report to GIDEP when
the contractor becomes aware or has
reason to suspect, such as through
inspection, testing, record review, or
notification from another source (e.g.,
seller, customer, third party) that an
item purchased by the Contractor for
delivery to, or for, the Government is a
counterfeit or suspect counterfeit item
E:\FR\FM\27AUR1.SGM
27AUR1
]]>Agencies
[Federal Register Volume 85, Number 167 (Thursday, August 27, 2020)]
[Rules and Regulations]
[Pages 52923-52924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18902]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 412 and 482
[CMS-1731-CN and CMS-1744-CN]
RIN-0938-AU07 and 0938-AU31
Medicare Program; FY 2021 Inpatient Psychiatric Facilities
Prospective Payment System (IPF PPS) and Special Requirements for
Psychiatric Hospitals for Fiscal Year Beginning October 1, 2020 (FY
2021); Correction
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: In the August 4, 2020 issue of the Federal Register, we
published a final rule entitled ``FY 2021 Inpatient Psychiatric
Facilities Prospective Payment System (IPF PPS) and Special
Requirements for Psychiatric Hospitals for Fiscal Year Beginning
October 1, 2020 (FY 2021)''. The August 4, 2020 final rule updates the
prospective payment rates, the outlier threshold, and the wage index
for Medicare inpatient hospital services provided by Inpatient
Psychiatric Facilities (IPF), which include psychiatric hospitals and
excluded psychiatric units of an Inpatient Prospective Payment System
(IPPS) hospital or critical access hospital. In addition, we adopted
more recent Office of Management and Budget (OMB) statistical area
delineations, and applied a 2-year transition for all providers
negatively impacted by wage index changes. This correction document
corrects the statement of economic significance in the August 4, 2020
final rule.
DATES: This correction is effective October 1, 2020.
FOR FURTHER INFORMATION CONTACT: The IPF Payment Policy mailbox at
[email protected] for general information.
Nicolas Brock, (410) 786-5148, for information regarding the
statement of economic significance.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2020-16990 (85 FR 47042), the final rule entitled ``FY
2021 Inpatient Psychiatric Facilities Prospective Payment System (IPF
PPS) and Special Requirements for Psychiatric Hospitals for Fiscal Year
Beginning October 1, 2020 (FY 2021)'' (hereinafter referred to as the
FY 2021 IPF PPS final rule) there was an error in the statement of
economic significance and status as major under the Congressional
Review Act (5 U.S.C. 801 et seq.). Based on an estimated total impact
of $95 million in increased transfers from the federal government to
IPF providers, we previously stated that the final rule was not
economically significant under Executive Order (E.O.) 12866, and that
the rule was not a major rule under the Congressional Review Act.
However, the Office of Management and Budget designated this rule as
economically significant under E.O. 12866 and major under the
Congressional Review Act. We are correcting our previous statement in
the August 4, 2020 final rule accordingly. This correction is effective
October 1, 2020.
II. Summary of Errors
On page 47064, in the third column, the third full paragraph under
B. Overall Impact should be replaced entirely. The entire paragraph
stating:
``We estimate that this rulemaking is not economically significant
as measured by the $100 million threshold, and hence not a major rule
under the Congressional Review Act. Accordingly, we have prepared a
Regulatory Impact Analysis that to the best of our ability presents the
costs and benefits of the rulemaking.''
should be replaced with:
``We estimate that the total impact of this final rule is close to
the $100 million threshold. The Office of Management and Budget has
designated this rule as economically significant under E.O. 12866 and a
major rule under the Congressional Review Act (5 U.S.C. 801 et seq.).
Accordingly, we have prepared a Regulatory Impact Analysis that to the
best of our ability presents the costs and benefits of the
rulemaking.''
III. Waiver of Proposed Rulemaking and Delay in Effective Date
We ordinarily publish a notice of proposed rulemaking in the
Federal Register to provide a period for public comment before the
provisions of a rule take effect in accordance with section 553(b) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). However, we
can waive this notice and comment procedure if the Secretary of the
Department of Human Services finds, for good cause, that the notice and
comment process is impracticable, unnecessary, or contrary to the
public interest, and incorporates a statement of the finding and the
reasons therefore in the notice.
This correction document does not constitute a rulemaking that
would be subject to these requirements because it corrects only the
statement of economic significance included in the FY 2021 IPF PPS
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 adopted and subjected to notice and comment
procedures in the FY 2021 IPF PPS final rule. Rather, the corrections
made through this correction document are intended to ensure that the
FY 2021 IPF PPS final rule accurately reflects OMB's determination
about its economic significance and major status under the
Congressional Review Act (CRA). Executive Order 12866 and CRA
determinations are functions of the Office of Management and Budget,
not the Department of Health and Human Services, and are not rules as
defined by the Administrative Procedure Act (5 U.S. Code 551(4)).
We ordinarily provide a 60-day delay in the effective date of final
rules after the date they are issued, in accordance with the CRA (5
U.S.C. 801(a)(3)). However, section 808(2) of the CRA provides that, if
an agency finds good cause that notice and public procedure are
impracticable, unnecessary, or contrary to the public interest, the
rule shall take effect at such time as the agency determines. Even if
this were a rulemaking to which the delayed effective date requirement
applied, we found, in the FY 2021 IPF PPS Final Rule (85 FR 47043),
good cause to waive the 60-day delay in the effective date of the IPF
PPS final rule. In the final rule, we explained that, due to CMS
prioritizing efforts in support of containing and combatting the COVID-
[[Page 52924]]
19 public health emergency by devoting significant resources to that
end, the work needed on the IPF PPS final rule was not completed in
accordance with our usual rulemaking schedule. We noted that it is
critical, however, to ensure that the IPF PPS payment policies are
effective on the first day of the fiscal year to which they are
intended to apply and therefore, it would be contrary to the public
interest to not waive the 60-day delay in the effective date.
Undertaking further notice and comment procedures to incorporate the
corrections in this document into the FY 2021 IPF PPS final rule or
delaying the effective date would be contrary to the public interest
because it is in the public's interest to ensure that the policies
finalized in the FY 2021 IPF PPS are effective as of the first day of
the fiscal year to ensure providers and suppliers receive timely and
appropriate payments. Further, such procedures would be unnecessary,
because we are not altering the payment methodologies or policies.
Rather, the correction we are making is only to indicate that the FY
2021 IPF PPS final rule is economically significant and a major rule
under the CRA. For these reasons, we find we have good cause to waive
the notice and comment and effective date requirements.
IV. Correction of Errors in the Preamble
In FR Doc. 2020-16990, appearing on page 47042 in the Federal
Register of Tuesday, August 4, 2020, the following correction is made:
1. On page 47064, in the 3rd column, under B. Overall Impact,
correct the third full paragraph to read as follows:
We estimate that the total impact of this final rule is very close
to the $100 million threshold. The Office of Management and Budget has
designated this rule as economically significant under E.O. 12866 and a
major rule under the Congressional Review Act (5 U.S.C. 801 et seq.).
Accordingly, we have prepared a Regulatory Impact Analysis that to the
best of our ability presents the costs and benefits of the rulemaking.
Dated: August 24, 2020.
Wilma M. Robinson,
Deputy Executive Secretary to the Department, Department of Health and
Human Services.
[FR Doc. 2020-18902 Filed 8-26-20; 8:45 am]
BILLING CODE 4120-01-P
