Medicare Program; Specialty Care Models To Improve Quality of Care and Reduce Expenditures; Correction, 77404-77406 [2020-26512]
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77404
Federal Register / Vol. 85, No. 232 / Wednesday, December 2, 2020 / Rules and Regulations
L. Congressional Review Act (CRA)
This action is subject to the CRA, and
EPA will submit a rule report to each
House of the Congress and to the
Comptroller General of the United
States. This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 320
Environmental protection, Financial
responsibility, Hazardous substances.
Andrew Wheeler,
Administrator.
[FR Doc. 2020–26379 Filed 12–1–20; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Part 512
[CMS–5527–CN]
RIN 0938–AT89
Medicare Program; Specialty Care
Models To Improve Quality of Care and
Reduce Expenditures; Correction
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Final rule; correction.
AGENCY:
This document corrects
technical and typographical errors that
appeared in the final rule published in
the September 29, 2020 Federal Register
entitled ‘‘Medicare Program; Specialty
Care Models To Improve Quality of Care
and Reduce Expenditures,’’ which
established the Radiation Oncology
Model and the End-Stage Renal Disease
Treatment Choices Model.
DATES: Effective date: This correcting
document is effective on December 2,
2020.
FOR FURTHER INFORMATION CONTACT:
Rebecca Cole, (410) 786–1589.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
In FR Doc. 2020–20907 of September
29, 2020 (85 FR 61114), there were a
number of technical errors that are
identified and corrected in this
correcting document. The provisions in
this correction document are effective as
if they had been included in the
document published September 29,
2020. Accordingly, the corrections are
effective November 30, 2020.
II. Summary of Errors
On page 61159, in our discussion of
the entitled ‘‘Episode Length’’ there is
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16:10 Dec 01, 2020
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an error in an in-text citation to the
proposed rule, so 84 FR 3499 is
corrected to 84 FR 34499, along with the
correct link to the proposed rule.
On pages 61289, 61292, 61295, 61296,
61297, 61319, 61327, 61328, 61329,
61349, 61350, 61353, and 61354, we
made errors in the numbering and
reference numbers for several tables.
On pages 61357, 61358, and 61359 in
our discussion of the effects on
Radiation Oncology (RO) Participants,
we made errors in wage-related
information. On page 61359, in our
discussion of the Regulatory Flexibility
Act requirements for the Radiation
Oncology Model, we made a calculation
error regarding the distribution of
payment changes. Under Medicare FFS,
physician group practices (PGPs) are
largely paid through the Medicare
Physician Fee Schedule (PFS) for
radiotherapy services while hospital
outpatient departments (HOPDs) are
paid through the Outpatient Prospective
Payment System (OPPS). Unit-cost
increases under the PFS are projected to
be lower than under the OPPS.
Therefore, the RO Model will affect
payments to RO participants that are
PGPs and HOPDs differentially over
time through the use of a site neutral
update factor. The referenced
calculations are revised to properly
value this effect.
III. Waiver of Proposed Rulemaking,
60-Day Comment Period, 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 proposed rulemaking in the
Federal Register to provide a period for
public comment 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
rulemaking 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 (5 U.S.C. 553(d)) 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
notice and comment and delay in the
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
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normal rulemaking requirements for
good cause if the agency makes a
finding that the notice and comment
rulemaking processes 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 the
agency includes a statement of support.
We believe that this correcting
document does not constitute a rule that
would be subject to the notice and
comment or delayed effective date
requirements. This document corrects
technical and typographic errors in the
Medicare Program; Specialty Care
Models To Improve Quality of Care and
Reduce Expenditures final rule (the
Specialty Care Models final rule), but
does not make substantive changes to
the policies or payment methodologies
that were adopted in the final rule. As
a result, this corrective document is
intended to ensure that the information
in the Specialty Care Models final rule
accurately reflects the policies adopted
in that document.
In addition, even if this was 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 would be
contrary to the public interest because it
is in the public’s interest for model
participants to receive appropriate
payments in as timely a manner as
possible and to ensure that the Specialty
Care Models final rule accurately
reflects our methodologies and policies
as of the date they take effect and are
applicable.
Furthermore, such procedures would
be unnecessary, as we are not altering
the implementation of the models or the
way participants in the models will
perform, 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
Specialty Care Models final rule
accurately reflects these payment
methodologies and policies. 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. 2020–20907 of September
29, 2020 (85 FR 61114), make the
following corrections:
E:\FR\FM\02DER1.SGM
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Federal Register / Vol. 85, No. 232 / Wednesday, December 2, 2020 / Rules and Regulations
1. On page 61159, first column, last
paragraph, lines 1 and 2, the reference
‘‘(84 FR 3499)’’ is corrected to read ‘‘(84
FR 34499)’’.
2. On page 61289, lower one-fourth of
the page, the table title ‘‘TABLE 11:
PROPOSED HDPA SCHEDULE’’ is
corrected to read ‘‘TABLE 15:
PROPOSED HDPA SCHEDULE’’.
3. On page 61292, in the middle of the
page, the table title ‘‘TABLE 11.a: HDPA
SCHEDULE’’ is corrected to read
‘‘TABLE 15.a: HDPA SCHEDULE’’.
4. On page 61295, third column, last
partial paragraph, line 1, the reference
‘‘Table 12’’ is corrected to read ‘‘Table
16’’.
5. On page 61296—
a. Top of the page, the table title
‘‘TABLE 12: PROPOSED ETC MODEL
SCHEDULE OF MEASUREMENT
YEARS AND PPA PERIODS’’ is
corrected to read ‘‘TABLE 16:
PROPOSED ETC MODEL SCHEDULE
OF MEASUREMENT YEARS AND PPA
PERIODS’’.
b. Lower half of the page, second
column, partial paragraph, line 2, the
table reference ‘‘Table 12.a’’ is corrected
to read ‘‘Table 16.a’’.
6. On page 61297, the table title,
‘‘TABLE 12.a: ETC MODEL SCHEDULE
OF MEASUREMENT YEARS AND PPA
PERIODS’’ is corrected to read ‘‘TABLE
16.a: ETC MODEL SCHEDULE OF
MEASUREMENT YEARS AND PPA
PERIODS’’.
7. On page 61319, the table title,
‘‘TABLE 13: PROPOSED SCORING
METHODOLOGY FOR ASSESSMENT
OF MEASUREMENT YEARS 1 AND 2
ACHIEVEMENT SCORES AND
IMPROVEMENT SCORES ON THE
HOME DIALYSIS RATE AND
TRANSPLANT RATE’’ is corrected to
read ‘‘TABLE 17: PROPOSED SCORING
METHODOLOGY FOR ASSESSMENT
OF MEASUREMENT YEARS 1 AND 2
ACHIEVEMENT SCORES AND
IMPROVEMENT SCORES ON THE
HOME DIALYSIS RATE AND
TRANSPLANT RATE’’.
8. On page 61327, the table title,
‘‘TABLE 14: PROPOSED FACILITY
PERFORMANCE PAYMENT
ADJUSTMENT AMOUNTS AND
SCHEDULE’’ is corrected to read
‘‘TABLE 18: PROPOSED FACILITY
PERFORMANCE PAYMENT
ADJUSTMENT AMOUNTS AND
SCHEDULE’’.
9. On page 61328—
a. Top of the page, first column, first
full paragraph, line 8, the phrase ‘‘Table
14.a’’ should read ‘‘Table 18.a’’.
b. Middle of the page, the table title
‘‘TABLE 14a: FACILITY
PERFORMANCE PAYMENT
ADJUSTMENT AMOUNTS AND
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16:10 Dec 01, 2020
Jkt 253001
SCHEDULE’’ is corrected to read
‘‘TABLE 18.a: FACILITY
PERFORMANCE PAYMENT
ADJUSTMENT AMOUNTS AND
SCHEDULE’’.
c. In the third column, first full
paragraph, line 1, the table reference,
‘‘Table 15’’ is corrected to read ‘‘Table
19’’.
10. On page 61329—
a. Top of the page, the table title,
‘‘TABLE 15: PROPOSED CLINICIAN
PERFORMANCE PAYMENT
ADJUSTMENT AMOUNTS AND
SCHEDULE’’ is corrected to read
‘‘TABLE 19: PROPOSED CLINICIAN
PERFORMANCE PAYMENT
ADJUSTMENT AMOUNTS AND
SCHEDULE’’
b. Top half of page (after Table 15),
second column, partial paragraph, line
5, the table reference ‘‘Table 15.a’’ is
corrected to read ‘‘Table 19.a’’.
c. Lower half of the page, the table
title, ‘‘TABLE 15a: CLINICIAN
PERFORMANCE PAYMENT
ADJUSTMENT AMOUNTS AND
SCHEDULE’’ is corrected to read
‘‘TABLE 19.a: CLINICIAN
PERFORMANCE PAYMENT
ADJUSTMENT AMOUNTS AND
SCHEDULE’’.
11. On page 61349, first column, first
full paragraph, last line, the table
reference ‘‘Table 2’’ is corrected to read
‘‘Table 21’’.
12. On page 61350—
a. First column, last full paragraph,
line 1, the table reference ‘‘Table 1’’ is
corrected to read ‘‘Table 20’’.
b. Second column; first paragraph,
line 35, the table reference ‘‘Table 1’’ is
corrected to read ‘‘Table 20’’.
13. On page 61351, top of the page,
the table title, ‘‘TABLE 1. ESTIMATES
OF MEDICARE PROGRAM SAVINGS
(MILLIONS $) FOR RADIATION
ONCOLOGY MODEL (Starting January
1, 2021)’’ is corrected to read ‘‘TABLE
20: ESTIMATES OF MEDICARE
PROGRAM SAVINGS (MILLIONS $)
FOR RADIATION ONCOLOGY MODEL
(Starting January 1, 2021)’’
14. On page 61353, first column, first
paragraph—,
a. Line 1, the table reference ‘‘Table
2’’ is corrected to read ‘‘Table 21’’.
b. Line 16, the table reference ‘‘Table
2’’ is corrected to read ‘‘Table 21’’.
15. On page 61354—
a. Top of the page, the table title,
‘‘TABLE 2. ESTIMATES OF MEDICARE
PROGRAM SAVINGS (ROUNDED $M)
FOR ESRD TREATMENT CHOICES
MODEL’’ is corrected to read ‘‘TABLE
21: ESTIMATES OF MEDICARE
PROGRAM SAVINGS (ROUNDED $M)
FOR ESRD TREATMENT CHOICES
MODEL’’.
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77405
b. Lower half of the page, first
column, last paragraph, line 4, the table
reference ‘‘Table 2’’ is corrected to read
‘‘Table 21’’.
16. On page 61355, first column, first
full paragraph—
a. Line 9, the table reference, ‘‘Table
2’’ is corrected to read ‘‘Table 21’’.
b. Line 21, the table reference, ‘‘Table
2’’ is corrected to read ‘‘Table 21’’.
17. On page 61357, third column—
a. Last paragraph, line 19, the figure
‘‘$19.40’’ is corrected to read ‘‘$20.50’’
b. Last paragraph, line 21, the figure
‘‘$38.80’’ is corrected to read ‘‘$41.00’’
c. Last footnote (footnote 175), line 2,
the figure ‘‘$19.40’’ is corrected to read
‘‘$20.50’’.
18. On page 61358—
a. First column, in the first partial
paragraph,
(1) Line 2, the figure ‘‘$183.14’’
should be replaced with ‘‘$193.52’’
(2) Line 4, the figure ‘‘$173,983’’
should be replaced with ‘‘$183,844.00’’,
(3) Line 5, the figure ‘‘$183.14’’
should be replaced with ‘‘$193.52’’
(4) Line 6, the figure ‘‘$173,983’’
should be replaced with ‘‘$183,844.00’’.
b. First column, fourth full
paragraph—
(1) Line 12, the figure ‘‘$1,743.07’’ is
corrected to read ‘‘$1,845.00’’.
(2) Line 18, the figure ‘‘$1,655,916.50’’
is corrected to read ‘‘$1,752,750.00’’.
c. Second column, first full
paragraph—
(1) Line 11, the figure ‘‘$1,093.26’’ is
corrected to read ‘‘$1,106.94’’.
(2) Line 13, the figure ‘‘$3,170,454.00’’
is corrected to read ‘‘$3,210,126.00’’.
(3) Line 14, the phrase ‘‘$1,093.269/
participant’’ is corrected to read
‘‘$1,106.94/participant’’.
(4) Line 20, the figure ‘‘$3,019.47’’ is
corrected to read ‘‘$3,145.46’’ and
‘‘$1,093.26’’ is corrected to read
$1,106.94’’.
(5) Line 21, the figure ‘‘$183.14’’ is
corrected to read ‘‘$193.52’’.
(6) Line 23, the figure ‘‘$1,743.07’’ is
corrected to read ‘‘$1,845.00’’.
(7) Line 25, the figure ‘‘$2,868,496.50’’
is corrected to read ‘‘$2,988,187.00’’.
(8) Line 27 the figure ‘‘$2,131,350.00’’
is corrected to read ‘‘$2,158,533.00’’.
(9) Line 30, the figure ‘‘$4,999,846.50’’
is corrected to read ‘‘$5,146,720.50’’.
19. On page 61359—
a. First column, first full paragraph—
(1) Line 4, the phrase ‘‘reduced by
6.0’’ is corrected to read ‘‘increased by
1.6’’.
(2) Line 6 the phrase ‘‘reduced by 4.7’’
is corrected to read ‘‘reduced by 8.7’’.
(3) Line 22, the figure ‘‘$1,743.06’’ is
corrected to read ‘‘$1,845.00’’.
(3) Line 23 to 26, the sentence ‘‘We
assume that our estimate for the
E:\FR\FM\02DER1.SGM
02DER1
77406
Federal Register / Vol. 85, No. 232 / Wednesday, December 2, 2020 / Rules and Regulations
submission of quality measures remains
an accurate estimate at $310.40 per
year.’’ is corrected to read, ‘‘We revise
our estimate for the submission of
quality measures to an estimated
$328.00 per year.’’
(5) Line 28, ‘‘$1,432.67’’ is corrected
to read ‘‘$1,517.00’’, and ‘‘$38.80’’ is
corrected to read ‘‘$41.00’’.
c. Second column—
(1) First full paragraph—
(a) Line 6, the figure ‘‘$1,093.26’’ is
corrected to read ‘‘$1,106.94’’.
(b) Line 8, the figure ‘‘$183.14’’ is
corrected to read ‘‘$193.52’’.
(c) Line 16, the figure ‘‘$95.90’’ is
corrected to read ‘‘$97.10’’.
(d) Line 28, the parenthetical
expression (‘‘$1,093.26 = ($95.20 *
11.4))’’ is corrected to read ‘‘($1,106.94
= ($95.20 * 11.4))’’.
(e) Line 31, the figure ‘‘$183.14’’ is
corrected to read ‘‘$193.52’’.
(2) Last footnoted paragraph (footnote
181), line 2, the figure ‘‘$47.95’’ is
corrected to read ‘‘$48.55’’.
20. On page 61361, third column, last
paragraph, line 4, the phrase ‘‘Tables E3
and E4’’ is corrected to read ‘‘Tables 22
and 23’’.
21. On page 61362, top of the page—
a. The table title, ‘‘TABLE 3:
ACCOUNTING STATEMENT
ESTIMATED IMPACTS FOR THE
RADIATION ONCOLOGY MODEL’’ is
corrected to read ‘‘TABLE 22:
ACCOUNTING STATEMENT
ESTIMATED IMPACTS FOR THE
RADIATION ONCOLOGY MODEL’’.
b. The table title, ‘‘TABLE 4:
ACCOUNTING STATEMENT
ESTIMATED IMPACTS FOR END
STAGE RENAL DISEASE (ESRD)
TREATMENT CHOICES MODEL’’ is
corrected to read ‘‘TABLE 23:
ACCOUNTING STATEMENT
ESTIMATED IMPACTS FOR END
STAGE RENAL DISEASE (ESRD)
TREATMENT CHOICES MODEL’’
Wilma M. Robinson,
Deputy Executive Secretary to the
Department, Department of Health and
Human Services.
DEPARTMENT OF COMMERCE
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
National Oceanic and Atmospheric
Administration
50 CFR Part 665
50 CFR Part 679
[Docket No. 200221–0062]
[RTID 0648–XA683]
RTID 0648–XA647
Pacific Island Fisheries; 2020 U.S.
Territorial Longline Bigeye Tuna Catch
Limits for the Commonwealth of the
Northern Mariana Islands; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
Announcement of a valid
specified fishing agreement; correction.
ACTION:
NMFS published a document
in the Federal Register of November 23,
2020, announcing a valid specified
fishing agreement that allocates up to
1,000 metric tons (t) of the 2020 bigeye
tuna limit for the Commonwealth of the
Northern Mariana Islands (CNMI) to
U.S. longline fishing vessels. The
document incorrectly referred to
American Samoa.
SUMMARY:
DATES:
December 2, 2020.
FOR FURTHER INFORMATION CONTACT:
Lynn Rassel, NMFS PIRO Sustainable
Fisheries, 808–725–5184.
SUPPLEMENTARY INFORMATION:
Correction
In the Federal Register of November
23, 2020, in FR Doc. 2020–25806, on
page 74615, in the first column, correct
the second sentence of the DATES
caption to read: The start date for
attributing 2020 bigeye tuna catch to the
CNMI was November 15, 2020.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 24, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–26363 Filed 12–1–20; 8:45 am]
BILLING CODE 3510–22–P
[FR Doc. 2020–26512 Filed 11–30–20; 11:15 am]
BILLING CODE 4120–01–P
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Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of
Pacific Cod in the Central Regulatory
Area of the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reallocation.
AGENCY:
NMFS is reallocating the
projected unused amounts of Pacific cod
total allowable catch (TAC) from
catcher/processors using hook-and-line
gear, catcher vessels less than 50 feet
using hook-and-line gear, catcher
vessels greater than or equal to 50 feet
using hook-and-line gear, and vessels
using pot gear to catcher vessels using
trawl gear and catcher/processors using
trawl gear in the Central Regulatory
Area of the Gulf of Alaska (GOA). This
action is necessary to allow the 2020
TAC of Pacific cod in the Central
Regulatory Area of the GOA to be
harvested.
SUMMARY:
Effective December 2, 2020
through 2,400 hours, Alaska local time
(A.l.t.), December 31, 2020.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 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 2020 Pacific cod TAC specified
for catcher/processors using hook-andline gear in the Central Regulatory Area
of the GOA is 192 metric tons (mt) as
established by the final 2020 and 2021
harvest specifications for groundfish of
the GOA (85 FR 13802, March 10, 2020).
The 2020 Pacific cod TAC specified
for catcher vessels less than 50 feet
using hook-and-line gear in the Central
Regulatory Area of the GOA is 550 mt
as established by the final 2020 and
2021 harvest specifications for
DATES:
E:\FR\FM\02DER1.SGM
02DER1
Agencies
[Federal Register Volume 85, Number 232 (Wednesday, December 2, 2020)]
[Rules and Regulations]
[Pages 77404-77406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26512]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Part 512
[CMS-5527-CN]
RIN 0938-AT89
Medicare Program; Specialty Care Models To Improve Quality of
Care and Reduce Expenditures; Correction
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This document corrects technical and typographical errors that
appeared in the final rule published in the September 29, 2020 Federal
Register entitled ``Medicare Program; Specialty Care Models To Improve
Quality of Care and Reduce Expenditures,'' which established the
Radiation Oncology Model and the End-Stage Renal Disease Treatment
Choices Model.
DATES: Effective date: This correcting document is effective on
December 2, 2020.
FOR FURTHER INFORMATION CONTACT: Rebecca Cole, (410) 786-1589.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2020-20907 of September 29, 2020 (85 FR 61114), there
were a number of technical errors that are identified and corrected in
this correcting document. The provisions in this correction document
are effective as if they had been included in the document published
September 29, 2020. Accordingly, the corrections are effective November
30, 2020.
II. Summary of Errors
On page 61159, in our discussion of the entitled ``Episode Length''
there is an error in an in-text citation to the proposed rule, so 84 FR
3499 is corrected to 84 FR 34499, along with the correct link to the
proposed rule.
On pages 61289, 61292, 61295, 61296, 61297, 61319, 61327, 61328,
61329, 61349, 61350, 61353, and 61354, we made errors in the numbering
and reference numbers for several tables.
On pages 61357, 61358, and 61359 in our discussion of the effects
on Radiation Oncology (RO) Participants, we made errors in wage-related
information. On page 61359, in our discussion of the Regulatory
Flexibility Act requirements for the Radiation Oncology Model, we made
a calculation error regarding the distribution of payment changes.
Under Medicare FFS, physician group practices (PGPs) are largely paid
through the Medicare Physician Fee Schedule (PFS) for radiotherapy
services while hospital outpatient departments (HOPDs) are paid through
the Outpatient Prospective Payment System (OPPS). Unit-cost increases
under the PFS are projected to be lower than under the OPPS. Therefore,
the RO Model will affect payments to RO participants that are PGPs and
HOPDs differentially over time through the use of a site neutral update
factor. The referenced calculations are revised to properly value this
effect.
III. Waiver of Proposed Rulemaking, 60-Day Comment Period, 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 proposed rulemaking in
the Federal Register to provide a period for public comment 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 rulemaking 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 (5 U.S.C. 553(d)) 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 notice and comment
and delay in the 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 rulemaking
processes 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 the agency includes a statement of support.
We believe that this correcting document does not constitute a rule
that would be subject to the notice and comment or delayed effective
date requirements. This document corrects technical and typographic
errors in the Medicare Program; Specialty Care Models To Improve
Quality of Care and Reduce Expenditures final rule (the Specialty Care
Models final rule), but does not make substantive changes to the
policies or payment methodologies that were adopted in the final rule.
As a result, this corrective document is intended to ensure that the
information in the Specialty Care Models final rule accurately reflects
the policies adopted in that document.
In addition, even if this was 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 would be contrary to the public
interest because it is in the public's interest for model participants
to receive appropriate payments in as timely a manner as possible and
to ensure that the Specialty Care Models final rule accurately reflects
our methodologies and policies as of the date they take effect and are
applicable.
Furthermore, such procedures would be unnecessary, as we are not
altering the implementation of the models or the way participants in
the models will perform, 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 Specialty Care Models final rule accurately
reflects these payment methodologies and policies. 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. 2020-20907 of September 29, 2020 (85 FR 61114), make the
following corrections:
[[Page 77405]]
1. On page 61159, first column, last paragraph, lines 1 and 2, the
reference ``(84 FR 3499)'' is corrected to read ``(84 FR 34499)''.
2. On page 61289, lower one-fourth of the page, the table title
``TABLE 11: PROPOSED HDPA SCHEDULE'' is corrected to read ``TABLE 15:
PROPOSED HDPA SCHEDULE''.
3. On page 61292, in the middle of the page, the table title
``TABLE 11.a: HDPA SCHEDULE'' is corrected to read ``TABLE 15.a: HDPA
SCHEDULE''.
4. On page 61295, third column, last partial paragraph, line 1, the
reference ``Table 12'' is corrected to read ``Table 16''.
5. On page 61296--
a. Top of the page, the table title ``TABLE 12: PROPOSED ETC MODEL
SCHEDULE OF MEASUREMENT YEARS AND PPA PERIODS'' is corrected to read
``TABLE 16: PROPOSED ETC MODEL SCHEDULE OF MEASUREMENT YEARS AND PPA
PERIODS''.
b. Lower half of the page, second column, partial paragraph, line
2, the table reference ``Table 12.a'' is corrected to read ``Table
16.a''.
6. On page 61297, the table title, ``TABLE 12.a: ETC MODEL SCHEDULE
OF MEASUREMENT YEARS AND PPA PERIODS'' is corrected to read ``TABLE
16.a: ETC MODEL SCHEDULE OF MEASUREMENT YEARS AND PPA PERIODS''.
7. On page 61319, the table title, ``TABLE 13: PROPOSED SCORING
METHODOLOGY FOR ASSESSMENT OF MEASUREMENT YEARS 1 AND 2 ACHIEVEMENT
SCORES AND IMPROVEMENT SCORES ON THE HOME DIALYSIS RATE AND TRANSPLANT
RATE'' is corrected to read ``TABLE 17: PROPOSED SCORING METHODOLOGY
FOR ASSESSMENT OF MEASUREMENT YEARS 1 AND 2 ACHIEVEMENT SCORES AND
IMPROVEMENT SCORES ON THE HOME DIALYSIS RATE AND TRANSPLANT RATE''.
8. On page 61327, the table title, ``TABLE 14: PROPOSED FACILITY
PERFORMANCE PAYMENT ADJUSTMENT AMOUNTS AND SCHEDULE'' is corrected to
read ``TABLE 18: PROPOSED FACILITY PERFORMANCE PAYMENT ADJUSTMENT
AMOUNTS AND SCHEDULE''.
9. On page 61328--
a. Top of the page, first column, first full paragraph, line 8, the
phrase ``Table 14.a'' should read ``Table 18.a''.
b. Middle of the page, the table title ``TABLE 14a: FACILITY
PERFORMANCE PAYMENT ADJUSTMENT AMOUNTS AND SCHEDULE'' is corrected to
read ``TABLE 18.a: FACILITY PERFORMANCE PAYMENT ADJUSTMENT AMOUNTS AND
SCHEDULE''.
c. In the third column, first full paragraph, line 1, the table
reference, ``Table 15'' is corrected to read ``Table 19''.
10. On page 61329--
a. Top of the page, the table title, ``TABLE 15: PROPOSED CLINICIAN
PERFORMANCE PAYMENT ADJUSTMENT AMOUNTS AND SCHEDULE'' is corrected to
read ``TABLE 19: PROPOSED CLINICIAN PERFORMANCE PAYMENT ADJUSTMENT
AMOUNTS AND SCHEDULE''
b. Top half of page (after Table 15), second column, partial
paragraph, line 5, the table reference ``Table 15.a'' is corrected to
read ``Table 19.a''.
c. Lower half of the page, the table title, ``TABLE 15a: CLINICIAN
PERFORMANCE PAYMENT ADJUSTMENT AMOUNTS AND SCHEDULE'' is corrected to
read ``TABLE 19.a: CLINICIAN PERFORMANCE PAYMENT ADJUSTMENT AMOUNTS AND
SCHEDULE''.
11. On page 61349, first column, first full paragraph, last line,
the table reference ``Table 2'' is corrected to read ``Table 21''.
12. On page 61350--
a. First column, last full paragraph, line 1, the table reference
``Table 1'' is corrected to read ``Table 20''.
b. Second column; first paragraph, line 35, the table reference
``Table 1'' is corrected to read ``Table 20''.
13. On page 61351, top of the page, the table title, ``TABLE 1.
ESTIMATES OF MEDICARE PROGRAM SAVINGS (MILLIONS $) FOR RADIATION
ONCOLOGY MODEL (Starting January 1, 2021)'' is corrected to read
``TABLE 20: ESTIMATES OF MEDICARE PROGRAM SAVINGS (MILLIONS $) FOR
RADIATION ONCOLOGY MODEL (Starting January 1, 2021)''
14. On page 61353, first column, first paragraph--,
a. Line 1, the table reference ``Table 2'' is corrected to read
``Table 21''.
b. Line 16, the table reference ``Table 2'' is corrected to read
``Table 21''.
15. On page 61354--
a. Top of the page, the table title, ``TABLE 2. ESTIMATES OF
MEDICARE PROGRAM SAVINGS (ROUNDED $M) FOR ESRD TREATMENT CHOICES
MODEL'' is corrected to read ``TABLE 21: ESTIMATES OF MEDICARE PROGRAM
SAVINGS (ROUNDED $M) FOR ESRD TREATMENT CHOICES MODEL''.
b. Lower half of the page, first column, last paragraph, line 4,
the table reference ``Table 2'' is corrected to read ``Table 21''.
16. On page 61355, first column, first full paragraph--
a. Line 9, the table reference, ``Table 2'' is corrected to read
``Table 21''.
b. Line 21, the table reference, ``Table 2'' is corrected to read
``Table 21''.
17. On page 61357, third column--
a. Last paragraph, line 19, the figure ``$19.40'' is corrected to
read ``$20.50''
b. Last paragraph, line 21, the figure ``$38.80'' is corrected to
read ``$41.00''
c. Last footnote (footnote 175), line 2, the figure ``$19.40'' is
corrected to read ``$20.50''.
18. On page 61358--
a. First column, in the first partial paragraph,
(1) Line 2, the figure ``$183.14'' should be replaced with
``$193.52''
(2) Line 4, the figure ``$173,983'' should be replaced with
``$183,844.00'',
(3) Line 5, the figure ``$183.14'' should be replaced with
``$193.52''
(4) Line 6, the figure ``$173,983'' should be replaced with
``$183,844.00''.
b. First column, fourth full paragraph--
(1) Line 12, the figure ``$1,743.07'' is corrected to read
``$1,845.00''.
(2) Line 18, the figure ``$1,655,916.50'' is corrected to read
``$1,752,750.00''.
c. Second column, first full paragraph--
(1) Line 11, the figure ``$1,093.26'' is corrected to read
``$1,106.94''.
(2) Line 13, the figure ``$3,170,454.00'' is corrected to read
``$3,210,126.00''.
(3) Line 14, the phrase ``$1,093.269/participant'' is corrected to
read ``$1,106.94/participant''.
(4) Line 20, the figure ``$3,019.47'' is corrected to read
``$3,145.46'' and ``$1,093.26'' is corrected to read $1,106.94''.
(5) Line 21, the figure ``$183.14'' is corrected to read
``$193.52''.
(6) Line 23, the figure ``$1,743.07'' is corrected to read
``$1,845.00''.
(7) Line 25, the figure ``$2,868,496.50'' is corrected to read
``$2,988,187.00''.
(8) Line 27 the figure ``$2,131,350.00'' is corrected to read
``$2,158,533.00''.
(9) Line 30, the figure ``$4,999,846.50'' is corrected to read
``$5,146,720.50''.
19. On page 61359--
a. First column, first full paragraph--
(1) Line 4, the phrase ``reduced by 6.0'' is corrected to read
``increased by 1.6''.
(2) Line 6 the phrase ``reduced by 4.7'' is corrected to read
``reduced by 8.7''.
(3) Line 22, the figure ``$1,743.06'' is corrected to read
``$1,845.00''.
(3) Line 23 to 26, the sentence ``We assume that our estimate for
the
[[Page 77406]]
submission of quality measures remains an accurate estimate at $310.40
per year.'' is corrected to read, ``We revise our estimate for the
submission of quality measures to an estimated $328.00 per year.''
(5) Line 28, ``$1,432.67'' is corrected to read ``$1,517.00'', and
``$38.80'' is corrected to read ``$41.00''.
c. Second column--
(1) First full paragraph--
(a) Line 6, the figure ``$1,093.26'' is corrected to read
``$1,106.94''.
(b) Line 8, the figure ``$183.14'' is corrected to read
``$193.52''.
(c) Line 16, the figure ``$95.90'' is corrected to read ``$97.10''.
(d) Line 28, the parenthetical expression (``$1,093.26 = ($95.20 *
11.4))'' is corrected to read ``($1,106.94 = ($95.20 * 11.4))''.
(e) Line 31, the figure ``$183.14'' is corrected to read
``$193.52''.
(2) Last footnoted paragraph (footnote 181), line 2, the figure
``$47.95'' is corrected to read ``$48.55''.
20. On page 61361, third column, last paragraph, line 4, the phrase
``Tables E3 and E4'' is corrected to read ``Tables 22 and 23''.
21. On page 61362, top of the page--
a. The table title, ``TABLE 3: ACCOUNTING STATEMENT ESTIMATED
IMPACTS FOR THE RADIATION ONCOLOGY MODEL'' is corrected to read ``TABLE
22: ACCOUNTING STATEMENT ESTIMATED IMPACTS FOR THE RADIATION ONCOLOGY
MODEL''.
b. The table title, ``TABLE 4: ACCOUNTING STATEMENT ESTIMATED
IMPACTS FOR END STAGE RENAL DISEASE (ESRD) TREATMENT CHOICES MODEL'' is
corrected to read ``TABLE 23: ACCOUNTING STATEMENT ESTIMATED IMPACTS
FOR END STAGE RENAL DISEASE (ESRD) TREATMENT CHOICES MODEL''
Wilma M. Robinson,
Deputy Executive Secretary to the Department, Department of Health and
Human Services.
[FR Doc. 2020-26512 Filed 11-30-20; 11:15 am]
BILLING CODE 4120-01-P