Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and Final Policy Changes and Fiscal Year 2021 Rates; Quality Reporting and Medicare and Medicaid Promoting Interoperability Programs Requirements for Eligible Hospitals and Critical Access Hospitals; Correction, 78748-78769 [2020-26698]
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78748
Federal Register / Vol. 85, No. 235 / Monday, December 7, 2020 / Rules and Regulations
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(i) of this section.
§ 721.11455
Rare earth oxide (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as rare earth oxide (PMN P–
18–199) is subject to reporting under
this section for the significant new uses
described in paragraph (a)(2) of this
section.
(2) The significant new uses are:
(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.82(j).
(ii) [Reserved]
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c) and (i) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(i) of this section.
khammond on DSKJM1Z7X2PROD with RULES
§ 721.11456
(generic).
Acid-modified polyether
Chemical substance and significant
new uses subject to reporting. (1) The
chemical substance identified
generically as acid-modified polyether
(PMN P–18–367) is subject to reporting
under this section for the significant
new uses described in paragraph (a)(2)
of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(f) and (o). It is a
significant new use to process the
substance to a final product formulation
of greater than 2% by weight.
(ii) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N=9.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c), (i), and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
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21:21 Dec 04, 2020
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provisions of § 721.185 apply to this
section.
§ 721.11457 Alkenoic acid polymer with 2ethyl-2-(hydroxymethyl)-1,3-alkyldiol, 1,1’methylenebis(4-isocyantocarbomonocycle)
and 3-methyl-1,5-alkyldiol (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as alkenoic acid polymer
with 2-ethyl-2-(hydroxymethyl)-1,3alkyldiol, 1,1’-methylenebis(4isocyantocarbomonocycle) and 3methyl-1,5-alkyldiol (PMN P–19–158) is
subject to reporting under this section
for the significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(o). It is a
significant new use to manufacture,
process, or use the substance in a
manner that results in inhalation
exposure.
(ii) Release to water. Requirements as
specified in § 721.90(a)(1), (b)(1), and
(c)(1).
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (c), (i), and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
§ 721.11458 Bis-alkoxy substituted alkane,
polymer with aminoalkanol (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as bis-alkoxy substituted
alkane, polymer with aminoalkanol
(PMN P–19–164) is subject to reporting
under this section for the significant
new uses described in paragraph (a)(2)
of this section.
(2) The significant new uses are:
(i) Industrial, commercial, and
consumer activities. It is a significant
new use to manufacture, process, or use
the substance in a manner that results
in inhalation exposure.
(ii) Release to water. Requirements as
specified in § 721.90(a)(4), (b)(4), and
(c)(4) where N=1.
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
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§ 721.125(a) through (c), (i), and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
[FR Doc. 2020–26003 Filed 12–4–20; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 405, 412, 413, 417, 476,
480, 484, and 495
[CMS–1735–CN]
RIN 0938–AU11
Medicare Program; Hospital Inpatient
Prospective Payment Systems for
Acute Care Hospitals and the LongTerm Care Hospital Prospective
Payment System and Final Policy
Changes and Fiscal Year 2021 Rates;
Quality Reporting and Medicare and
Medicaid Promoting Interoperability
Programs Requirements for Eligible
Hospitals and Critical Access
Hospitals; Correction
Centers for Medicare &
Medicaid Services (CMS), Health and
Human Services (HHS).
ACTION: Final rule; correction.
AGENCY:
This document corrects
technical and typographical errors in
the final rule that appeared in the
September 18, 2020 issue of the Federal
Register titled ‘‘Medicare Program;
Hospital Inpatient Prospective Payment
Systems for Acute Care Hospitals and
the Long-Term Care Hospital
Prospective Payment System and Final
Policy Changes and Fiscal Year 2021
Rates; Quality Reporting and Medicare
and Medicaid Promoting
Interoperability Programs Requirements
for Eligible Hospitals and Critical
Access Hospitals’’.
DATES:
Effective Date: This correcting
document is effective on December 1,
2020.
Applicability Date: The corrections in
this correcting document are applicable
to discharges occurring on or after
October 1, 2020.
FOR FURTHER INFORMATION CONTACT:
Donald Thompson and Michele
Hudson, (410) 786–4487.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Federal Register / Vol. 85, No. 235 / Monday, December 7, 2020 / Rules and Regulations
I. Background
In FR Doc. 2020–19637 of September
18, 2020 (85 FR 58432) there were a
number of technical and typographical
errors that are identified and corrected
in the Correction of Errors section of
this correcting document. The
corrections in this correcting document
are applicable to discharges occurring
on or after October 1, 2020, as if they
had been included in the document that
appeared in the September 18, 2020
Federal Register.
II. Summary of Errors
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A. Summary of Errors in the Preamble
On the following pages: 58435
through 58436, 58448, 58451, 58453,
58459, 58464, 58471, 58479, 58487,
58495, 58506, 58509, 58520, 58529,
58531 through 58532, 58537, 58540
through 58541, 58553 through 58556,
58559 through 58560, 58580 through
58583, 58585 through 58588, 58596,
58599, 58603 through 58604, 58606
through 58607, 58610, 58719, 58734,
58736 through 58737, 58739, 58741,
58842, 58876, 58893, and 58898 through
58900, we are correcting inadvertent
typographical errors in the internal
section references.
On page 58596, we are correcting an
inadvertent typographical error in the
date of the MedPAR data used for
developing the Medicare Severity
Diagnosis-Related Group (MS–DRG)
relative weights.
On pages 58716 and 58717, we are
correcting inadvertent errors in the ICD–
10–PCS procedure codes describing the
BAROSTIM NEO® System technology.
On pages 58721 and 58723, we are
correcting inadvertent errors in the ICD–
10–PCS procedure codes describing the
Cefiderocol technology.
On page 58768, due to a conforming
change to the Rural Floor Budget
Neutrality adjustment (listed in the table
titled ‘‘Summary of FY 2021 Budget
Neutrality Factors’’ on page 59034) as
discussed in section II.B. of this
correcting document and the
conforming changes to the OutMigration Adjustment discussed in
section II. D of this correcting document
(with regard to Table 4A), we are
correcting the 25th percentile wage
index value across all hospitals.
On page 59006, in the discussion of
Medicare bad debt policy, we are
correcting inadvertent errors in the
regulatory citations and descriptions.
B. Summary of Errors in the Addendum
On pages 59031 and 59037, we are
correcting inadvertent typographical
errors in the internal section references.
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We are correcting an error in the
version 38 ICD–10 MS–DRG assignment
for some cases in the historical claims
data in the FY 2019 MedPAR files used
in the ratesetting for the FY 2021 IPPS/
LTCH PPS final rule, which resulted in
inadvertent errors in the MS–DRG
relative weights (and associated average
length-of-stay (LOS)). Additionally, the
version 38 MS–DRG assignment and
relative weights are used when
determining total payments for purposes
of all of the budget neutrality factors
and the final outlier threshold. As a
result, the corrections to the MS–DRG
assignment under the ICD–10 MS–DRG
GROUPER version 38 for some cases in
the historical claims data in the FY 2019
MedPAR files and the recalculation of
the relative weights directly affected the
calculation of total payments and
required the recalculation of all the
budget neutrality factors and the final
outlier threshold.
In addition, as discussed in section
II.D. of this correcting document, we
made updates to the calculation of
Factor 3 of the uncompensated care
payment methodology to reflect updated
information on hospital mergers
received in response to the final rule.
Factor 3 determines the total amount of
the uncompensated care payment a
hospital is eligible to receive for a fiscal
year. This hospital-specific payment
amount is then used to calculate the
amount of the interim uncompensated
care payments a hospital receives per
discharge. Per discharge uncompensated
care payments are included when
determining total payments for purposes
of all of the budget neutrality factors
and the final outlier threshold. As a
result, the revisions made to the
calculation of Factor 3 to address
additional merger information directly
affected the calculation of total
payments and required the recalculation
of all the budget neutrality factors and
the final outlier threshold.
We made an inadvertent error in the
Medicare Geographic Classification
Review Board (MGCRB) reclassification
status of one hospital in the FY 2021
IPPS/LTCH PPS final rule. Specifically,
CCN 050481 is incorrectly listed in
Table 2 as reclassified to its geographic
‘‘home’’ of CBSA 31084. The correct
reclassification area is to CBSA 37100.
This correction necessitated the
recalculation of the FY 2021 wage index
for CBSA 37100 and affected the final
FY 2021 wage index with
reclassification. The final FY 2021 IPPS
wage index with reclassification is used
when determining total payments for
purposes of all budget neutrality factors
(except for the MS–DRG reclassification
and recalibration budget neutrality
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78749
factor and the wage index budget
neutrality adjustment factor) and the
final outlier threshold.
Due to the correction of the
combination of errors listed previously
(corrections to the MS–DRG assignment
for some cases in the historical claims
data and the resulting recalculation of
the relative weights and average length
of stay, revisions to Factor 3 of the
uncompensated care payment
methodology, and the correction to the
MGCRB reclassification status of one
hospital), we recalculated all IPPS
budget neutrality adjustment factors, the
fixed-loss cost threshold, the final wage
indexes (and geographic adjustment
factors (GAFs)), the national operating
standardized amounts and capital
Federal rate. Therefore, we made
conforming changes to the following:
• On page 59034, the table titled
‘‘Summary of FY 2021 Budget
Neutrality Factors’’.
• On page 59037, the estimated total
Federal capital payments and the
estimated capital outlier payments.
• On page 59040, the calculation of
the outlier fixed-loss cost threshold,
total operating Federal payments, total
operating outlier payments, the outlier
adjustment to the capital Federal rate
and the related discussion of the
percentage estimates of operating and
capital outlier payments.
• On page 59042, the table titled
‘‘Changes from FY 2020 Standardized
Amounts to the FY 2021 Standardized
Amounts’’.
On page 59039, we are correcting a
typographical error in the total cases
from October 1, 2018 through
September 31, 2019 used to calculate
the average covered charge per case,
which is then used to calculate the
charge inflation factor.
On pages 59047 through 59048, in our
discussion of the determination of the
Federal hospital inpatient capitalrelated prospective payment rate
update, due to the recalculation of the
GAFs as well as corrections to the MS–
DRG assignment for some cases in the
historical claims data and the resulting
recalculation of the relative weights and
average length of stay, we have made
conforming corrections to the capital
Federal rate, the incremental budget
neutrality adjustment factor for changes
in the GAFs, and the outlier threshold
(as discussed previously). As a result of
these changes, we also made conforming
corrections in the table showing the
comparison of factors and adjustments
for the FY 2020 capital Federal rate and
FY 2021 capital Federal rate. As we
noted in the final rule, the capital
Federal rate is calculated using
unrounded budget neutrality and outlier
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adjustment factors. The unrounded
GAF/DRG budget neutrality factors and
the unrounded outlier adjustment to the
capital Federal rate were revised
because of these errors. However, after
rounding these factors to 4 decimal
places as displayed in the final rule, the
rounded factors were unchanged from
the final rule.
On page 59057, we are making
conforming changes to the fixed-loss
amount for FY 2021 site neutral
payment rate discharges, and the high
cost outlier (HCO) threshold (based on
the corrections to the IPPS fixed-loss
amount discussed previously).
On pages 59060 and 59061, we are
making conforming corrections to the
national adjusted operating
standardized amounts and capital
standard Federal payment rate (which
also include the rates payable to
hospitals located in Puerto Rico) in
Tables 1A, 1B, 1C, and 1D as a result of
the conforming corrections to certain
budget neutrality factors and the outlier
threshold previously described.
C. Summary of Errors in the Appendices
On pages 59062, 59070, 59074
through 59076, and 59085 we are
correcting inadvertent typographical
errors in the internal section references.
On pages 59064 through 59071, 59073
and 59074, and 59092 and 59093, in our
regulatory impact analyses, we have
made conforming corrections to the
factors, values, and tables and
accompanying discussion of the changes
in operating and capital IPPS payments
for FY 2021 and the effects of certain
IPPS budget neutrality factors as a result
of the technical errors that lead to
changes in our calculation of the
operating and capital IPPS budget
neutrality factors, outlier threshold,
final wage indexes, operating
standardized amounts, and capital
Federal rate (as described in section II.B.
of this correcting document). These
conforming corrections include changes
to the following tables:
• On pages 59065 through 59069, the
table titled ‘‘Table I—Impact Analysis of
Changes to the IPPS for Operating Costs
for FY 2021’’.
• On pages 59073 and 59074, the
table titled ‘‘Table II—Impact Analysis
of Changes for FY 2021 Acute Care
Hospital Operating Prospective Payment
System (Payments per discharge)’’.
• On pages 59092 and 59093, the
table titled ‘‘Table III—Comparison of
Total Payments per Case [FY 2020
Payments Compared to Final FY 2021
payments]’’.
On pages 59076 through 59079, we
are correcting the discussion of the
‘‘Effects of the Changes to
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Uncompensated Care Payments for FY
2021’’ for purposes of the Regulatory
Impact Analysis in Appendix A of the
FY 2021 IPPS/LTCH PPS final rule,
including the table titled ‘‘Modeled
Uncompensated Care Payments for
Estimated FY 2021 DSHs by Hospital
Type: Uncompensated Care Payments ($
in Millions)*—from FY 2020 to FY
2021’’ on pages 59077 and 59078, in
light of the corrections discussed in
section II.D. of this correcting
document.
D. Summary of Errors in and
Corrections to Files and Tables Posted
on the CMS Website
We are correcting the errors in the
following IPPS tables that are listed on
pages 59059 and 59060 of the FY 2021
IPPS/LTCH PPS final rule and are
available on the internet on the CMS
website at https://www.cms.gov/
Medicare/Medicare-Fee-for-ServicePayment/AcuteInpatientPPS/
index.html.
The tables that are available on the
internet have been updated to reflect the
revisions discussed in this correcting
document.
Table 2—Case-Mix Index and Wage
Index Table by CCN–FY 2021 Final
Rule. As discussed in section II.B. of
this correcting document, CCN 050481
is incorrectly listed as reclassified to its
home geographic area of CBSA 31084.
In this table, we are correcting the
columns titled ‘‘Wage Index Payment
CBSA’’ and ‘‘MGCRB Reclass’’ to
accurately reflect its reclassification to
CBSA 37100. This correction
necessitated the recalculation of the FY
2021 wage index for CBSA 37100. Also,
the corrections to the version 38 MS–
DRG assignment for some cases in the
historical claims data and the resulting
recalculation of the relative weights and
ALOS, corrections to Factor 3 of the
uncompensated care payment
methodology, and recalculation of all of
the budget neutrality adjustments (as
discussed in section II.B. of this
correcting document) necessitated the
recalculation of the rural floor budget
neutrality factor which is the only
budget neutrality factor applied to the
FY 2021 wage indexes. Because the
rural floor budget neutrality factor is
applied to the FY 2021 wage indexes,
we are making corresponding changes to
the wage indexes listed in Table 2. In
addition, as also discussed later in this
section, because the wage indexes are
one of the inputs used to determine the
out-migration adjustment, some of the
out migration adjustments changed.
Therefore, we are making corresponding
changes to some of the out-migration
adjustments listed in Table 2. Also, as
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discussed in section II.A of this
correcting document, we made a
conforming change to the 25th
percentile wage index value across all
hospitals. Accordingly, we are making
corresponding changes to the values for
hospitals in the columns titled ‘‘FY
2021 Wage Index Prior to Quartile and
Transition’’, ‘‘FY 2021 Wage Index With
Quartile’’, ‘‘FY 2021 Wage Index With
Quartile and Cap’’ and ‘‘Out-Migration
Adjustment’’. We also updated footnote
number 6 to reflect the conforming
change to the 25th percentile wage
index value across all hospitals.
Table 3.—Wage Index Table by
CBSA—FY 2021 Final Rule. As
discussed in section II.B. of this
correcting document, CCN 050481 is
incorrectly listed in Table 2 as
reclassified to its home geographic area
of CBSA 31084 instead of reclassified to
CBSA 37100. This correction
necessitated the recalculation of the FY
2021 wage index for CBSA 37100. Also,
corrections to the version 38 MS–DRG
assignment for some cases in the
historical claims data and the resulting
recalculation of the relative weights and
ALOS, corrections to Factor 3 of the
uncompensated care payment
methodology, and the recalculation of
all of the budget neutrality adjustments
(as discussed in section II.B. of this
correcting document) necessitated the
recalculation of the rural floor budget
neutrality factor which is the only
budget neutrality factor applied to the
FY 2021 wage indexes. Because the
rural floor budget neutrality factor is
applied to the FY 2021 wage indexes,
we are making corresponding changes to
the wage indexes and GAFs of all
CBSAs listed in Table 3. Specifically,
we are correcting the values and flags in
the columns titled ‘‘Wage Index’’,
‘‘GAF’’, ‘‘Reclassified Wage Index’’,
‘‘Reclassified GAF’’, ‘‘State Rural
Floor’’, ‘‘Eligible for Rural Floor Wage
Index’’, ‘‘Pre-Frontier and/or Pre-Rural
Floor Wage Index’’, ‘‘Reclassified Wage
Index Eligible for Frontier Wage Index’’,
‘‘Reclassified Wage Index Eligible for
Rural Floor Wage Index’’, and
‘‘Reclassified Wage Index Pre-Frontier
and/or Pre-Rural Floor’’.
Table 4A.— List of Counties Eligible
for the Out-Migration Adjustment under
Section 1886(d)(13) of the Act—FY 2021
Final Rule. As discussed in section II.B.
of this correcting document, CCN
050481 is incorrectly listed in Table 2
as reclassified to its home geographic
area of CBSA 31084 instead of
reclassified to CBSA 37100. This
correction necessitated the recalculation
of the FY 2021 wage index for CBSA
37100. Also, corrections to the version
38 MS–DRG assignment for some cases
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Federal Register / Vol. 85, No. 235 / Monday, December 7, 2020 / Rules and Regulations
in the historical claims data and the
resulting recalculation of the relative
weights and ALOS, corrections to Factor
3 of the uncompensated care payment
methodology, and the recalculation of
all of the budget neutrality adjustments
(as discussed in section II.B. of this
correcting document) necessitated the
recalculation of the rural floor budget
neutrality factor which is the only
budget neutrality factor applied to the
FY 2021 wage indexes. As a result, as
discussed previously, we are making
corresponding changes to the FY 2021
wage indexes. Because the wage indexes
are one of the inputs used to determine
the out-migration adjustment, some of
the out migration adjustments changed.
Therefore, we are making corresponding
changes to some of the out-migration
adjustments listed in Table 4A.
Specifically, we are correcting the
values in the column titled ‘‘FY 2021
Out Migration Adjustment’’.
Table 5.—List of Medicare Severity
Diagnosis-Related Groups (MS–DRGs),
Relative Weighting Factors, and
Geometric and Arithmetic Mean Length
of Stay—FY 2021. We are correcting this
table to reflect the recalculation of the
relative weights, geometric average
length-of-stay (LOS), and arithmetic
mean LOS as a result of the corrections
to the version 38 MS–DRG assignment
for some cases in the historical claims
data used in the calculations (as
discussed in section II.B. of this
correcting document).
Table 7B.—Medicare Prospective
Payment System Selected Percentile
Lengths of Stay: FY 2019 MedPAR
Update—March 2020 GROUPER
Version 38 MS–DRGs. We are correcting
this table to reflect the recalculation of
the relative weights, geometric average
LOS, and arithmetic mean LOS as a
result of the corrections to the version
38 MS–DRG assignment for some cases
in the historical claims data used in the
calculations (as discussed in section
II.B. of this correcting document).
Table 18.—FY 2021 Medicare DSH
Uncompensated Care Payment Factor 3.
For the FY 2021 IPPS/LTCH PPS final
rule, we published a list of hospitals
that we identified to be subsection (d)
hospitals and subsection (d) Puerto Rico
hospitals projected to be eligible to
receive uncompensated care interim
payments for FY 2021. As stated in the
FY 2021 IPPS/LTCH PPS final rule (85
FR 58834 and 58835), we allowed the
public an additional period after the
issuance of the final rule to review and
submit comments on the accuracy of the
list of mergers that we identified in the
final rule. Based on the comments
received during this additional period,
we are updating this table to reflect the
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merger information received in response
to the final rule and to revise the Factor
3 calculations for purposes of
determining uncompensated care
payments for the FY 2021 IPPS/LTCH
PPS final rule.
We are revising Factor 3 for all
hospitals to reflect the updated merger
information received in response to the
final rule. We are also revising the
amount of the total uncompensated care
payment calculated for each DSHeligible hospital. The total
uncompensated care payment that a
hospital receives is used to calculate the
amount of the interim uncompensated
care payments the hospital receives per
discharge; accordingly, we have also
revised these amounts for all DSHeligible hospitals. These corrections will
be reflected in Table 18 and the
Medicare DSH Supplemental Data File.
Per discharge uncompensated care
payments are included when
determining total payments for purposes
of all of the budget neutrality factors
and the final outlier threshold. As a
result, these corrections to
uncompensated care payments
impacted the calculation of all the
budget neutrality factors as well as the
outlier fixed-loss cost threshold. In
section IV.C. of this correcting
document, we have made corresponding
revisions to the discussion of the
‘‘Effects of the Changes to Medicare
DSH and Uncompensated Care
Payments for FY 2021’’ for purposes of
the Regulatory Impact Analysis in
Appendix A of the FY 2021 IPPS/LTCH
PPS final rule to reflect the corrections
discussed previously and to correct
minor typographical errors.
The files that are available on the
internet have been updated to reflect the
corrections discussed in this correcting
document.
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 the proposed rulemaking 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 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, 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 notice
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and comment and delay in 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
process 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 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 rule that
would be subject to the notice and
comment or delayed effective date
requirements. This document corrects
technical and typographical errors in
the preamble, addendum, payment
rates, tables, and appendices included
or referenced in the FY 2021 IPPS/LTCH
PPS 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 correcting document is intended to
ensure that the information in the FY
2021 IPPS/LTCH PPS final rule
accurately reflects the policies adopted
in that document.
In addition, even if this were a rule 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 or delaying
the effective date would be contrary to
the public interest because it is in the
public’s interest for providers to receive
appropriate payments in as timely a
manner as possible, and to ensure that
the FY 2021 IPPS/LTCH PPS final rule
accurately reflects our policies.
Furthermore, such procedures would be
unnecessary, as we are not altering our
payment methodologies or policies, but
rather, we are simply implementing
correctly the methodologies and policies
that we previously proposed, requested
comment on, and subsequently
finalized. This correcting document is
intended solely to ensure that the FY
2021 IPPS/LTCH PPS final rule
accurately reflects these payment
methodologies and policies. Therefore,
we believe we have good cause to waive
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the notice and comment and effective
date requirements. Moreover, even if
these corrections were considered to be
retroactive rulemaking, they would be
authorized under section
1871(e)(1)(A)(ii) of the Act, which
permits the Secretary to issue a rule for
the Medicare program with retroactive
effect if the failure to do so would be
contrary to the public interest. As we
have explained previously, we believe it
would be contrary to the public interest
not to implement the corrections in this
correcting document because it is in the
public’s interest for providers to receive
appropriate payments in as timely a
manner as possible, and to ensure that
the FY 2021 IPPS/LTCH PPS final rule
accurately reflects our policies.
khammond on DSKJM1Z7X2PROD with RULES
IV. Correction of Errors
In FR Doc. 2020–19637 of September
18, 2020 (85 FR 58432), we are making
the following corrections:
A. Corrections of Errors in the Preamble
1. On page 58435, third column, third
full paragraph, line 1, the reference,
‘‘section II.G.9.b.’’ is corrected to read
‘‘section II.F.9.b.’’.
2. On page 58436, first column, first
full paragraph, line 10, the reference,
‘‘section II.G.9.c.’’ is corrected to read
‘‘section II.F.9.c.’’.
3. On page 58448, lower half of the
page, second column, first partial
paragraph, lines 19 and 20, the
reference, ‘‘section II.E.2.b.’’ is corrected
to read ‘‘section II.D.2.b.’’.
4. On page 58451, first column, first
full paragraph, line 12, the reference,
‘‘section II.E.16.’’ is corrected to read
‘‘section II.D.16.’’.
5. On page 58453, third column, third
full paragraph, line 13, the reference,
‘‘section II.E.2.b.’’ is corrected to read
‘‘section II.D.2.b.’’.
6. On page 58459, first column, fourth
paragraph, line 3, the reference, ‘‘section
II.E.1.b.’’ is corrected to read ‘‘section
II.D.1.b.’’.
7. On page 58464, bottom quarter of
the page, second column, partial
paragraph, lines 4 and 5, the phrase
‘‘and section II.E.15. of this final rule,’’
is corrected to read ‘‘and this final
rule,’’.
8. On page 58471, first column, first
partial paragraph, lines 12 and 13, the
reference, ‘‘section II.E.15.’’ is corrected
to read ‘‘section II.D.15.’’.
9. On page 58479, first column, first
partial paragraph:
a. Line 6, the reference, ‘‘section
II.E.16.’’ is corrected to read ‘‘section
II.D.16.’’.
b. Line 15, the reference, ‘‘section
II.E.1.b.’’ is corrected to read ‘‘section
II.D.1.b.’’.
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10. On page 58487, first column, first
full paragraph, lines 20 through 21, the
reference, ‘‘section II.E.12.b.’’ is
corrected to read ‘‘section II.D.12.b.’’.
11. On page 58495, middle of the
page, third column, first full paragraph,
line 5, the reference, ‘‘section II.E.1.b.’’
is corrected to read ‘‘section II.D.1.b.’’.
12. On page 58506:
a. Top half of the page, second
column, first full paragraph, line 8, the
reference, ‘‘section II.E.1.b.’’ is corrected
to read ‘‘section II.D.1.b.’’.
b. Bottom half of the page:
(1) First column, first paragraph, line
5, the reference, ‘‘section II.E.1.b.’’ is
corrected to read ‘‘section II.D.1.b.’’.
(2) Second column, third full
paragraph, line 5, the reference, ‘‘section
II.E.1.b.’’ is corrected to read ‘‘section
II.D.1.b.’’.
13. On page 58509:
a. First column, last paragraph, last
line, the reference, ‘‘section II.E.2.’’ is
corrected to read ‘‘section II.D.2.’’.
b. Third column, last paragraph, line
5, the reference, ‘‘section II.E.1.b.’’ is
corrected to read ‘‘section II.D.1.b.’’.
14. On page 58520, second column,
second full paragraph, line 22, the
reference, ‘‘section II.E.11.’’ is corrected
to read ‘‘section II.D.11.’’.
15. On page 58529, bottom half of the
page, first column, last paragraph, lines
11 and 12, the reference, ‘‘section
II.E.12.a.’’ is corrected to read ‘‘section
II.D.12.a.’’.
16. On page 58531:
a. Top of the page, second column,
last paragraph, line 3, the reference,
‘‘section II.E.4.’’ is corrected to read
‘‘section II.D.4.’’.
b. Bottom of the page, first column,
last paragraph, line 3, the reference,
‘‘section II.E.16.’’ is corrected to read
‘‘section II.D.16.’’.
17. On page 58532, top of the page,
second column, first partial paragraph,
line 5, the reference, ‘‘section II.E.4.’’ is
corrected to read ‘‘section II.D.4.’’.
18. On page 58537:
a. Second column, last paragraph, line
6, the reference, ‘‘section II.E.11.c.5.’’ is
corrected to read ‘‘section II.D.11.c.(5).’’.
b. Third column, fifth paragraph:
(1) Lines 8 and 9, the reference,
‘‘section II.E.11.c.1.’’ is corrected to read
‘‘section II.D.11.c.(1).’’.
(2) Line 29, the reference, ‘‘section
II.E.11.c.1.’’ is corrected to read ‘‘section
II.D.11.c.(1).’’.
19. On page 58540, first column, first
partial paragraph, line 19, the reference,
‘‘section II.E.13.’’ is corrected to read
‘‘section II.D.13.’’.
20. On page 58541, second column,
first partial paragraph, lines 9 and 10,
the reference, ‘‘section II.E.1.b.’’ is
corrected to read ‘‘section II.D.1.b.’’.
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21. On page 58553, second column,
third full paragraph, line 20, the
reference, ‘‘section II.E.16.’’ is corrected
to read ‘‘section II.D.16.’’.
22. On page 58554, first column, fifth
full paragraph, line 1, the reference,
‘‘section II.E.13.’’ is corrected to read
‘‘section II.D.13.’’.
23. On page 58555, second column,
fifth full paragraph, lines 8 and 9, the
reference, ‘‘section II.E.13.’’ is corrected
to read ‘‘section II.D.13.’’.
24. On page 58556:
a. First column, first partial
paragraph, line 5, the reference, ‘‘section
II.E.16.’’ is corrected to read ‘‘section
II.D.16.’’.
b. Second column, first full
paragraph:
(1) Line 6, the reference, ‘‘section
II.E.16.’’ is corrected to read ‘‘section
II.D.16.’’.
(2) Line 38, the reference, ‘‘section
II.E.16.’’ is corrected to read ‘‘section
II.D.16.’’.
25. On page 58559, bottom half of the
page, third column, first full paragraph,
line 21, the reference, ‘‘section
II.E.12.c.’’ is corrected to read ‘‘section
II.D.12.c.’’.
26. On page 58560, first column, first
full paragraph, line 14, the reference,
‘‘section II.E.16.’’ is corrected to read
‘‘section II.D.16.’’.
27. On page 58580, third column, last
paragraph, line 3, the reference, ‘‘section
II.E.13. of this final rule,’’ is corrected to
read ‘‘this final rule,’’.
28. On page 58581:
a. Middle of the page:
(1) First column, first paragraph, line
3, the reference, ‘‘section II.E.13. of this
final rule,’’ is corrected to read ‘‘this
final rule,’’.
(2) Third column, last paragraph, line
3, the reference, ‘‘section II.E.13. of this
final rule,’’ is corrected to read ‘‘this
final rule,’’.
b. Bottom of the page, third column,
last paragraph, line 3, the reference,
‘‘section II.E.13. of this final rule,’’ is
corrected to read ‘‘this final rule,’’.
29. On page 58582:
a. Middle of the page:
(1) First column, first paragraph, line
3, the reference, ‘‘section II.E.13. of this
final rule,’’ is corrected to read ‘‘this
final rule,’’.
(2) Third column, first full paragraph,
line 3, the reference, ‘‘section II.E.13. of
this final rule,’’ is corrected to read ‘‘this
final rule,’’.
b. Bottom of the page, second column,
first full paragraph, lines 2 and 3, the
reference, ‘‘in section II.E.13. of this
final rule,’’ is corrected to read ‘‘this
final rule,’’.
30. On page 58583:
a. Top of the page, second column,
last paragraph, line 3, the reference,
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‘‘section II.E.13. of this final rule,’’ is
corrected to read ‘‘this final rule,’’.
b. Bottom of the page:
(1) First column, last paragraph, line
3, the reference, ‘‘in section II.E.13. of
this final rule,’’ is corrected to read ‘‘this
final rule,’’.
(2) Third column, last paragraph, line
3, the reference, ‘‘section II.E.13. of this
final rule,’’ is corrected to read ‘‘this
final rule,’’.
31. On page 58585, top of the page,
third column, last paragraph, lines 3
and 4, the reference, ‘‘in section II.E.13.
of this final rule,’’ is corrected to read
‘‘this final rule,’’.
32. On page 58586:
a. Second column, last partial
paragraph, line 4, the reference, ‘‘section
II.E.2.b.’’ is corrected to read ‘‘section
II.D.2.b.’’.
b. Third column:
(1) First partial paragraph:
(a) Lines 12 and 13, the reference, ‘‘in
section II.E.2.b. of this final rule,’’ is
corrected to read ‘‘this final rule,’’.
(b) Lines 20 and 21, the reference, ‘‘in
section II.E.8.a. of this final rule,’’ is
corrected to read ‘‘this final rule,’’.
(2) Last partial paragraph:
(a) Line 3, the reference, ‘‘section
II.E.4. of this final rule,’’ is corrected to
read ‘‘this final rule,’’.
(b) Line 38, the reference, ‘‘section
II.E.7.b. of this final rule,’’ is corrected
to read ‘‘this final rule,’’.
33. On page 58587:
a. Top of the page, second column,
partial paragraph, line 7, the reference,
‘‘section II.E.8.a. of this final rule,’’ is
corrected to read ‘‘this final rule,’’.
b. Bottom of the page:
(1) Second column, last partial
paragraph, line 3, the reference, ‘‘section
II.E.2.b.’’ is corrected to read ‘‘section
II.D.2.b.’’.
(2) Third column, first partial
paragraph, line 1, the reference, ‘‘section
II.E.8.a.’’ is corrected to read ‘‘section
II.D.8.a.’’.
34. On page 58588, first column:
a. First full paragraph, line 3, the
reference, ‘‘section II.E.4.’’ is corrected
to read ‘‘section II.D.4.’’.
b. Third full paragraph, line 3, the
reference, ‘‘section II.E.7.b.’’ is corrected
to read ‘‘section II.D.7.b.’’.
c. Fifth full paragraph, line 3, the
reference, ‘‘section II.E.8.a.’’ is corrected
to read ‘‘section II.D.8.a.’’.
35. On page 58596:
a. First column:
(1) First full paragraph, line 1, the
reference, ‘‘section II.E.5.a.’’ is corrected
to read ‘‘section II.D.5.a.’’.
(2) Last paragraph, line 5, the
reference, ‘‘section II.E.1.b.’’ is corrected
to read ‘‘section II.D.1.b.’’.
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c. Second column, first full paragraph,
line 14, the date ‘‘March 31, 2019’’ is
corrected to read ‘‘March 31, 2020’’.
36. On page 58599, first column,
second full paragraph, line 1, the
reference, ‘‘section II.E.2.b.’’ is corrected
to read ‘‘section II.D.2.b.’’.
37. On page 58603, first column:
a. First partial paragraph, line 13, the
reference, ‘‘section II.G.1.a.(2).b.’’ is
corrected to read ‘‘section
II.F.1.a.(2).b.’’.
b. Last partial paragraph, line 21, the
reference, ‘‘section II.G.1.a.(2).b.’’ is
corrected to read ‘‘section
II.F.1.a.(2).b.’’.
38. On page 58604, third column, first
partial paragraph, line 38, the reference,
‘‘section II.E.2.b.’’ is corrected to read
‘‘section II.D.2.b.’’.
39. On page 58606:
a. First column, second partial
paragraph, line 13, the reference,
‘‘section II.G.9.b.’’ is corrected to read
‘‘section II.F.9.b.’’.
b. Second column:
(1) First partial paragraph, line 3, the
reference, ‘‘section II.G.9.b.’’ is corrected
to read ‘‘section II.F.9.b.’’.
(2) First full paragraph:
(a) Line 29, the reference, ‘‘section
II.G.8.’’ is corrected to read ‘‘section
II.F.8.’’.
(b) Line 36, ‘‘section II.G.8.’’ is
corrected to read ‘‘section II.F.8.’’.
e. Third column, first full paragraph:
(1) Lines 4 and 5, the reference,
‘‘section II.G.9.b.’’ is corrected to read
section ‘‘II.F.9.b.’’.
(2) Line 13, the reference ‘‘section
II.G.9.b.’’ is corrected to read ‘‘section
II.F.9.b.’’.
40. On page 58607:
a. First column, first full paragraph:
(1) Line 7, the reference, ‘‘section
II.G.9.b.’’ is corrected to read ‘‘section
II.F.9.b.’’.
(2) Line 13, the reference, ‘‘section
II.G.9.b.’’ is corrected to read ‘‘section
II.F.9.b.’’.
c. Second column, first partial
paragraph:
(1) Line 20, the reference, ‘‘section
II.G.9.c.’’ is corrected to read ‘‘section
II.F.9.c.’’.
(2) Line 33, the reference, ‘‘section
II.G.9.c.’’ is corrected to read ‘‘section
II.F.9.c.’’.
41. On page 58610:
a. Second column, last partial
paragraph, lines 1 and 16, the reference,
‘‘section II.E.2.b.’’ is corrected to read
‘‘section II.D.2.b.’’.
b. Third column, first partial
paragraph:
(1) Line 6, the reference, ‘‘section
II.G.1.a.(2).b.’’ is corrected to read
‘‘section II.F.1.a.(2)b.’’
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(2) Lines 20 and 21, the reference,
‘‘section II.G.1.a.(2)b.’’ is corrected to
read ‘‘section II.F.1.a.(2)b.’’.
42. On page 58716, first column,
second full paragraph, lines 14 through
19, the phrase, ‘‘with 03HK0MZ
(Insertion of stimulator lead into right
internal carotid artery, open approach)
or 03HL0MZ (Insertion of stimulator
lead into left internal carotid artery,
open approach)’’ is corrected to read
‘‘with 03HK3MZ (Insertion of stimulator
lead into right internal carotid artery,
percutaneous approach) or 03HL3MZ
(Insertion of stimulator lead into left
internal carotid artery, percutaneous
approach).’’.
43. On page 58717, first column, first
partial paragraph, line 5, the phrase,
‘‘with 03HK0MZ or 03HL0MZ’’ is
corrected to read ‘‘with 03HK3MZ or
03HL3MZ.’’
44. On page 58719:
a. First column, last partial paragraph,
line 12, the reference, ‘‘section II.G.8.’’
is corrected to read ‘‘section II.F.8.’’.
b. Third column, first partial
paragraph, line 15, the reference,
‘‘section II.G.8.’’ is corrected to read
‘‘section II.F.8.’’.
45. On page 58721, third column,
second full paragraph, line 17, the
phrase, ‘‘XW03366 or XW04366’’ is
corrected to read ‘‘XW033A6
(Introduction of cefiderocol antiinfective into peripheral vein,
percutaneous approach, new technology
group 6) or XW043A6 (Introduction of
cefiderocol anti-infective into central
vein, percutaneous approach, new
technology group 6).’’.
46. On page 58723, second column,
first partial paragraph, line 14, the
phrase, ‘‘procedure codes XW03366 or
XW04366’’ is corrected to read
‘‘procedure codes XW033A6 or
XW043A6.’’
47. On page 58734, third column,
second full paragraph, line 26, the
reference, ‘‘section II.G.9.b.’’ is corrected
to read ‘‘section II.F.9.b.’’.
48. On page 58736, second column,
first full paragraph, line 27, the
reference, ‘‘II.G.9.b.’’ is corrected to read
‘‘II.F.9.b.’’.
49. On page 58737, third column, first
partial paragraph, line 5, the reference,
‘‘section II.G.1.d.’’ is corrected to read
‘‘section II.F.1.d.’’.
50. On page 58739, third column, first
full paragraph, line 21, the reference,
‘‘section II.G.8.’’ is corrected to read
‘‘section II.F.8.’’.
51. On page 58741, third column,
second partial paragraph, line 17, the
reference, ‘‘section II.G.9.a.’’ is corrected
to read ‘‘section II.F.9.a.’’.
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52. On page 58768, third column, first
partial paragraph, line 3, the figure
‘‘0.8465’’ is corrected to read ‘‘0.8469’’.
53. On page 58842, second column,
first full paragraph, lines 19 and 35, the
reference, ‘‘section II.E.2.b.’’ is corrected
to read ‘‘section II.D.2.b.’’.
54. On page 58876, first column, first
full paragraph, line 18, the reference,
‘‘section II.E.’’ is corrected to read
‘‘section II.D.’’.
55. On page 58893, first column,
second full paragraph, line 5, the
reference, ‘‘section II.E.2.b.’’ is corrected
to read ‘‘section II.D.2.b.’’.
56. On page 58898, third column, first
full paragraph, line 9, the reference,
‘‘section II.E.’’ is corrected to read
‘‘section II.D.’’.
57. On page 58899, third column, first
full paragraph, line 24, the reference,
‘‘section II.E.1.’’ is corrected to read
‘‘section II.D.1.’’.
58. On page 58900, first column, third
paragraph, line 26, the reference,
‘‘section II.E.’’ is corrected to read
‘‘section II.D.’’.
59. On page 59006, second column,
second full paragraph:
a. Line 4, the regulation citation,
‘‘(c)(3)(i)’’ is corrected to read
‘‘(c)(1)(ii)’’.
b. Line 12, the regulation citation,
‘‘(c)(3)(ii)’’ is corrected to read
‘‘(c)(2)(ii)’’.
c. Lines 17 and 18, the phrase
‘‘charged to an uncollectible receivables
account’’ is corrected to read, ‘‘recorded
as an implicit price concession’’.
3. On page 59037, second column:
a. First full paragraph, line 4, the
phrase ‘‘(estimated capital outlier
payments of $429,431,834 divided by
(estimated capital outlier payments of
$429,431,834 plus the estimated total
capital Federal payment of
$7,577,697,269))’’ is corrected to read:
‘‘(estimated capital outlier payments of
$429,147,874 divided by (estimated
capital outlier payments of
$429,147,874 plus the estimated total
capital Federal payment of
$7,577,975,637))’’
b. Last partial paragraph, line 8, the
reference, ‘‘section II.E.2.b.’’ is corrected
to read ‘‘section II.D.2.b.’’.
4. On page 59039, third column, last
paragraph, lines 18 and 19, the phrase
‘‘9,519,120 cases’’ is corrected to
‘‘9,221,466 cases’’.
5. On page 59040:
a. Top of the page, third column:
(1) First partial paragraph:
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B. Correction of Errors in the Addendum
1. On page 59031:
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a. First column:
(1) First full paragraph, line 7, the
reference, ‘‘section ‘‘II.G.’’ is corrected
to read ‘‘section II.E.’’.
(2) Second partial paragraph, lines 26
and 27, the reference, ‘‘section II.G.’’ is
corrected to read ‘‘section II.E.’’.
b. Second column, first partial
paragraph:
(1) Line 5, the reference, ‘‘section
II.E.2.b.’’ is corrected to read ‘‘section
II.D.2.b.’’.
(2) Line 22, the reference, ‘‘section
II.E.2.b.’’ is corrected to read ‘‘section
II.D.2.b.’’.
2. On page 59034, at the top of the
page, the table titled ‘‘Summary of FY
2021 Budget Neutrality Factors’’ is
corrected to read:
(a) Line 9, the figure ‘‘$29,051’’ is
corrected to read ‘‘$29,064’’.
(b) Line 11, the figure
‘‘$4,955,813,978’’ is corrected to read
‘‘$4,951,017,650’’
(c) Line 12, the figure
‘‘$92,027,177,037’’ is corrected to read
‘‘$91,937,666,182’’.
(d) Line 26, the figure ‘‘$29,108’’ is
corrected to read ‘‘$29,121’’.
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reflects our’’ is corrected to read
‘‘threshold for FY 2021 of $29,064
(which reflects our’’.
6. On pages 59042, the table titled
‘‘CHANGES FROM FY 2020
STANDARDIZED AMOUNTS TO THE
FY 2021 STANDARDIZED AMOUNTS’’
is corrected to read as follows:
b. Bottom of the page, the untitled
table is corrected to read as follows:
ER07DE20.009
(e) Line 33, the figure ‘‘$29,051’’ is
corrected to read ‘‘$29,064’’.
(2) First full paragraph, line 11, the
phrase ‘‘threshold for FY 2021 (which
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(b) Line 18, the figure ‘‘0.9984’’ is
corrected to read ‘‘0.9983’’.
b. Third column:
(1) Third paragraph, line 4, the figure
‘‘0.9984’’ is corrected to read ‘‘0.9983’’.
(2) Last paragraph, line 9, the figure
‘‘$466.22’’ is corrected to read
‘‘$466.21’’.
8. On page 59048:
a. The chart titled ‘‘COMPARISON OF
FACTORS AND ADJUSTMENTS: FY
2020 CAPITAL FEDERAL RATE AND
THE FY 2021 CAPITAL FEDERAL
RATE’’ is corrected to read as follows:
b. Lower half of the page, first
column, second full paragraph, last line,
the figure ‘‘$29,051’’ is corrected to read
‘‘$29,064’’.
9. On page 59057, second column,
second full paragraph:
a. Line 11, the figure ‘‘$29,051’’ is
corrected to read ‘‘$29,064’’.
b. Last line, the figure ‘‘$29,051’’ is
corrected to read ‘‘$29,064’’.
10. On page 59060, the table titled
‘‘TABLE 1A—NATIONAL ADJUSTED
OPERATING STANDARDIZED
AMOUNTS, LABOR/NONLABOR (68.3
PERCENT LABOR SHARE/31.7
PERCENT NONLABOR SHARE IF
WAGE INDEX IS GREATER THAN 1)
—FY 2021’’ is corrected to read as
follows:
11. On page 59061, top of the page:
a. The table titled ‘‘TABLE 1B—
NATIONAL ADJUSTED OPERATING
STANDARDIZED AMOUNTS, LABOR/
NONLABOR (62 PERCENT LABOR
SHARE/38 PERCENT NONLABOR
SHARE IF WAGE INDEX IS LESS
THAN OR EQUAL TO 1)—FY 2021’’ is
corrected to read as follows:
ER07DE20.011
7. On page 59047:
a. Second column:
(1) Second full paragraph, line 43, the
figure ‘‘0.9984’’ is corrected to read
‘‘0.9983’’.
(2) Last paragraph:
(a) Line 17, the figure ‘‘0.9984’’ is
corrected to read ‘‘0.9983’’.
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c. The table titled ‘‘TABLE 1D—
CAPITAL STANDARD FEDERAL
PAYMENT RATE—FY 2021’’ is
corrected to read as follows:
C. Corrections of Errors in the
Appendices
1. On page 59062, first column,
second full paragraph:
a. Line 9, the reference ‘‘sections
II.G.5. and 6.’’ is corrected to read
‘‘sections II.F.5. and 6.’’
b. Line 11, the reference ‘‘section
II.G.6.’’ is corrected to read ‘‘section
II.F.6.’’
3. On page 59064, third column,
second full paragraph, last line, the
figures ‘‘2,049, and 1,152’’ are corrected
to read ‘‘2,050 and 1,151’’.
1)—FY 2021’’ is corrected to read as
follows:
4. On page 59065 through 59069, the
table and table notes for the table titled
‘‘TABLE I.—IMPACT ANALYSIS OF
CHANGES TO THE IPPS FOR
OPERATING COSTS FOR FY 2021’’ are
corrected to read as follows:
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b. The table titled ‘‘Table 1C—
ADJUSTED OPERATING
STANDARDIZED AMOUNTS FOR
HOSPITALS IN PUERTO RICO,
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5. On page 59070:
a. First column:
(1) Third full paragraph:
(a) Line 1, the reference, ‘‘section
II.E.’’ is corrected to read ‘‘section II.D.’’.
(b) Line 11, the section reference
‘‘II.G.’’ is corrected to read ‘‘II.E.’’.
(2) Fourth full paragraph, line 6, the
figure ‘‘0.99798’’ is corrected to read
‘‘0.997975’’.
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b. Third column, first full paragraph,
line 26, the figure ‘‘1.000426’’ is
corrected to read ‘‘1.000447’’.
6. On page 59071, lower half of the
page:
a. First column, third full paragraph,
line 6, the figure ‘‘0.986583’’ is
corrected to read ‘‘0.986616’’.
b. Second column, second full
paragraph, line 5, the figure ‘‘0.993433’’
is corrected to read ‘‘0.993446’’.
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c. Third column, first partial
paragraph, line 2, the figure ‘‘0.993433’’
is corrected to read ‘‘0.993446’’.
7. On page 59073 and 59074, the table
titled ‘‘TABLE II.—IMPACT ANALYSIS
OF CHANGES FOR FY 2021 ACUTE
CARE HOSPITAL OPERATING
PROSPECTIVE PAYMENT SYSTEM
(PAYMENTS PER DISCHARGE)’’ is
corrected to read as follows:
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8. On page 59074, bottom of the page,
second column, last partial paragraph,
line 1, the reference ‘‘section II.G.9.b.’’
is corrected to read ‘‘section II.F.9.b.’’.
9. On page 59075:
a. First column:
(1) First full paragraph, line 1, the
reference ‘‘section II.G.9.c.’’ is corrected
to read ‘‘section II.F.9.c.’’.
(2) Last partial paragraph:
(i) Line 1, the reference ‘‘section
II.G.4.’’ is corrected to read ‘‘section
II.F.4.’’.
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(ii) Line 11, the reference ‘‘section
II.G.4.’’ is corrected to read ‘‘section
II.F.4.’’.
b. Third column:
(1) First full paragraph:
(i) Line 1, the reference ‘‘sections
II.G.5. and 6.’’ is corrected to read
‘‘sections II.F.5. and 6.’’.
(ii) Line 12, the reference ‘‘section
II.H.6.’’ is corrected to read ‘‘section
II.F.6.’’.
(2) Last paragraph, line 1, the
reference ‘‘section II.G.6.’’ is corrected
to read ‘‘section II.F.6.’’.
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78765
10. On page 59076, first column, first
partial paragraph, lines 2 and 3, the
reference ‘‘section II.G.9.c.’’ is corrected
to read ‘‘section II.F.9.c.’’.
11. On pages 59077 and 59078 the
table titled ‘‘Modeled Uncompensated
Care Payments for Estimated FY 2021
DSHs by Hospital Type:
Uncompensated Care Payments ($ in
Millions)—from FY 2020 to FY 2021’’ is
corrected to read as follows:
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12. On pages 59078 and 59079 in the
section titled ‘‘Effects of the Changes to
Uncompensated Care Payments for FY
2021’’, the section’s language (beginning
with the phrase ‘‘Rural hospitals, in
general, are projected to experience’’
and ending with the sentence
‘‘Hospitals with greater than 65 percent
Medicare utilization are projected to
receive an increase of 0.62 percent.’’) is
corrected to read as follows: ‘‘Rural
hospitals, in general, are projected to
experience larger decreases in
uncompensated care payments than
their urban counterparts. Overall, rural
hospitals are projected to receive a 7.19
percent decrease in uncompensated care
payments, while urban hospitals are
projected to receive a 0.29 percent
decrease in uncompensated care
payments. However, hospitals in large
urban areas are projected to receive a
0.75 percent increase in uncompensated
care payments and hospitals in other
urban areas a 1.94 percent decrease.
By bed size, smaller rural hospitals
are projected to receive the largest
decreases in uncompensated care
payments. Rural hospitals with 0–99
beds are projected to receive a 9.46
percent payment decrease, and rural
hospitals with 100–249 beds are
projected to receive a 7.44 percent
decrease. These decreases for smaller
rural hospitals are greater than the
overall hospital average. However,
larger rural hospitals with 250+ beds are
projected to receive a 7.64 percent
payment increase. In contrast, the
smallest urban hospitals (0–99 beds) are
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projected to receive an increase in
uncompensated care payments of 2.61
percent, while urban hospitals with
100–249 beds are projected to receive a
decrease of 1.05 percent, and larger
urban hospitals with 250+ beds are
projected to receive a 0.18 percent
decrease in uncompensated care
payments, which is less than the overall
hospital average.
By region, rural hospitals are expected
to receive larger than average decreases
in uncompensated care payments in all
Regions, except for rural hospitals in the
Pacific Region, which are projected to
receive an increase in uncompensated
care payments of 9.14 percent. Urban
hospitals are projected to receive a more
varied range of payment changes. Urban
hospitals in the New England, the
Middle Atlantic, West South Central,
and Mountain Regions, as well as urban
hospitals in Puerto Rico, are projected to
receive larger than average decreases in
uncompensated care payments, while
urban hospitals in the South Atlantic,
East North Central, East South Central,
West North Central, and Pacific Regions
are projected to receive increases in
uncompensated care payments.
By payment classification, hospitals
in urban areas overall are expected to
receive a 0.18 percent increase in
uncompensated care payments, with
hospitals in large urban areas expected
to see an increase in uncompensated
care payments of 1.15 percent, while
hospitals in other urban areas are
expected to receive a decrease of 1.60
percent. In contrast, hospitals in rural
areas are projected to receive a decrease
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in uncompensated care payments of
3.18 percent.
Nonteaching hospitals are projected to
receive a payment decrease of 0.99
percent, teaching hospitals with fewer
than 100 residents are projected to
receive a payment decrease of 0.83
percent, and teaching hospitals with
100+ residents have a projected
payment decrease of 0.41 percent. All of
these decreases are consistent with the
overall hospital average. Proprietary and
government hospitals are projected to
receive larger than average decreases of
2.42 and 1.14 percent respectively,
while voluntary hospitals are expected
to receive a payment decrease of 0.03
percent. Hospitals with less than 50
percent Medicare utilization are
projected to receive decreases in
uncompensated care payments
consistent with the overall hospital
average percent change, while hospitals
with 50 to 65 percent Medicare
utilization are projected to receive a
larger than average decrease of 4.12
percent. Hospitals with greater than 65
percent Medicare utilization are
projected to receive an increase of 0.80
percent.’’
13. On page 59085, lower half of the
page, second column, last partial
paragraph, line 20, the section reference
‘‘II.H.’’ is corrected to read ‘‘IV.H.’’.
14. On pages 59092 and 59093, the
table titled ‘‘TABLE III.—COMPARISON
OF TOTAL PAYMENTS PER CASE [FY
2020 PAYMENTS COMPARED TO
FINAL FY 2021 PAYMENTS] is
corrected to read as:
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Wilma M. Robinson,
Deputy Executive Secretary to the
Department, Department of Health and
Human Services.
[FR Doc. 2020–26698 Filed 12–1–20; 4:15 pm]
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BILLING CODE 4120–01–C
Agencies
[Federal Register Volume 85, Number 235 (Monday, December 7, 2020)]
[Rules and Regulations]
[Pages 78748-78769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26698]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 405, 412, 413, 417, 476, 480, 484, and 495
[CMS-1735-CN]
RIN 0938-AU11
Medicare Program; Hospital Inpatient Prospective Payment Systems
for Acute Care Hospitals and the Long-Term Care Hospital Prospective
Payment System and Final Policy Changes and Fiscal Year 2021 Rates;
Quality Reporting and Medicare and Medicaid Promoting Interoperability
Programs Requirements for Eligible Hospitals and Critical Access
Hospitals; Correction
AGENCY: Centers for Medicare & Medicaid Services (CMS), Health and
Human Services (HHS).
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This document corrects technical and typographical errors in
the final rule that appeared in the September 18, 2020 issue of the
Federal Register titled ``Medicare Program; Hospital Inpatient
Prospective Payment Systems for Acute Care Hospitals and the Long-Term
Care Hospital Prospective Payment System and Final Policy Changes and
Fiscal Year 2021 Rates; Quality Reporting and Medicare and Medicaid
Promoting Interoperability Programs Requirements for Eligible Hospitals
and Critical Access Hospitals''.
DATES:
Effective Date: This correcting document is effective on December
1, 2020.
Applicability Date: The corrections in this correcting document are
applicable to discharges occurring on or after October 1, 2020.
FOR FURTHER INFORMATION CONTACT: Donald Thompson and Michele Hudson,
(410) 786-4487.
SUPPLEMENTARY INFORMATION:
[[Page 78749]]
I. Background
In FR Doc. 2020-19637 of September 18, 2020 (85 FR 58432) there
were a number of technical and typographical errors that are identified
and corrected in the Correction of Errors section of this correcting
document. The corrections in this correcting document are applicable to
discharges occurring on or after October 1, 2020, as if they had been
included in the document that appeared in the September 18, 2020
Federal Register.
II. Summary of Errors
A. Summary of Errors in the Preamble
On the following pages: 58435 through 58436, 58448, 58451, 58453,
58459, 58464, 58471, 58479, 58487, 58495, 58506, 58509, 58520, 58529,
58531 through 58532, 58537, 58540 through 58541, 58553 through 58556,
58559 through 58560, 58580 through 58583, 58585 through 58588, 58596,
58599, 58603 through 58604, 58606 through 58607, 58610, 58719, 58734,
58736 through 58737, 58739, 58741, 58842, 58876, 58893, and 58898
through 58900, we are correcting inadvertent typographical errors in
the internal section references.
On page 58596, we are correcting an inadvertent typographical error
in the date of the MedPAR data used for developing the Medicare
Severity Diagnosis-Related Group (MS-DRG) relative weights.
On pages 58716 and 58717, we are correcting inadvertent errors in
the ICD-10-PCS procedure codes describing the BAROSTIM NEO[supreg]
System technology.
On pages 58721 and 58723, we are correcting inadvertent errors in
the ICD-10-PCS procedure codes describing the Cefiderocol technology.
On page 58768, due to a conforming change to the Rural Floor Budget
Neutrality adjustment (listed in the table titled ``Summary of FY 2021
Budget Neutrality Factors'' on page 59034) as discussed in section
II.B. of this correcting document and the conforming changes to the
Out-Migration Adjustment discussed in section II. D of this correcting
document (with regard to Table 4A), we are correcting the 25th
percentile wage index value across all hospitals.
On page 59006, in the discussion of Medicare bad debt policy, we
are correcting inadvertent errors in the regulatory citations and
descriptions.
B. Summary of Errors in the Addendum
On pages 59031 and 59037, we are correcting inadvertent
typographical errors in the internal section references.
We are correcting an error in the version 38 ICD-10 MS-DRG
assignment for some cases in the historical claims data in the FY 2019
MedPAR files used in the ratesetting for the FY 2021 IPPS/LTCH PPS
final rule, which resulted in inadvertent errors in the MS-DRG relative
weights (and associated average length-of-stay (LOS)). Additionally,
the version 38 MS-DRG assignment and relative weights are used when
determining total payments for purposes of all of the budget neutrality
factors and the final outlier threshold. As a result, the corrections
to the MS-DRG assignment under the ICD-10 MS-DRG GROUPER version 38 for
some cases in the historical claims data in the FY 2019 MedPAR files
and the recalculation of the relative weights directly affected the
calculation of total payments and required the recalculation of all the
budget neutrality factors and the final outlier threshold.
In addition, as discussed in section II.D. of this correcting
document, we made updates to the calculation of Factor 3 of the
uncompensated care payment methodology to reflect updated information
on hospital mergers received in response to the final rule. Factor 3
determines the total amount of the uncompensated care payment a
hospital is eligible to receive for a fiscal year. This hospital-
specific payment amount is then used to calculate the amount of the
interim uncompensated care payments a hospital receives per discharge.
Per discharge uncompensated care payments are included when determining
total payments for purposes of all of the budget neutrality factors and
the final outlier threshold. As a result, the revisions made to the
calculation of Factor 3 to address additional merger information
directly affected the calculation of total payments and required the
recalculation of all the budget neutrality factors and the final
outlier threshold.
We made an inadvertent error in the Medicare Geographic
Classification Review Board (MGCRB) reclassification status of one
hospital in the FY 2021 IPPS/LTCH PPS final rule. Specifically, CCN
050481 is incorrectly listed in Table 2 as reclassified to its
geographic ``home'' of CBSA 31084. The correct reclassification area is
to CBSA 37100. This correction necessitated the recalculation of the FY
2021 wage index for CBSA 37100 and affected the final FY 2021 wage
index with reclassification. The final FY 2021 IPPS wage index with
reclassification is used when determining total payments for purposes
of all budget neutrality factors (except for the MS-DRG
reclassification and recalibration budget neutrality factor and the
wage index budget neutrality adjustment factor) and the final outlier
threshold.
Due to the correction of the combination of errors listed
previously (corrections to the MS-DRG assignment for some cases in the
historical claims data and the resulting recalculation of the relative
weights and average length of stay, revisions to Factor 3 of the
uncompensated care payment methodology, and the correction to the MGCRB
reclassification status of one hospital), we recalculated all IPPS
budget neutrality adjustment factors, the fixed-loss cost threshold,
the final wage indexes (and geographic adjustment factors (GAFs)), the
national operating standardized amounts and capital Federal rate.
Therefore, we made conforming changes to the following:
On page 59034, the table titled ``Summary of FY 2021
Budget Neutrality Factors''.
On page 59037, the estimated total Federal capital
payments and the estimated capital outlier payments.
On page 59040, the calculation of the outlier fixed-loss
cost threshold, total operating Federal payments, total operating
outlier payments, the outlier adjustment to the capital Federal rate
and the related discussion of the percentage estimates of operating and
capital outlier payments.
On page 59042, the table titled ``Changes from FY 2020
Standardized Amounts to the FY 2021 Standardized Amounts''.
On page 59039, we are correcting a typographical error in the total
cases from October 1, 2018 through September 31, 2019 used to calculate
the average covered charge per case, which is then used to calculate
the charge inflation factor.
On pages 59047 through 59048, in our discussion of the
determination of the Federal hospital inpatient capital-related
prospective payment rate update, due to the recalculation of the GAFs
as well as corrections to the MS-DRG assignment for some cases in the
historical claims data and the resulting recalculation of the relative
weights and average length of stay, we have made conforming corrections
to the capital Federal rate, the incremental budget neutrality
adjustment factor for changes in the GAFs, and the outlier threshold
(as discussed previously). As a result of these changes, we also made
conforming corrections in the table showing the comparison of factors
and adjustments for the FY 2020 capital Federal rate and FY 2021
capital Federal rate. As we noted in the final rule, the capital
Federal rate is calculated using unrounded budget neutrality and
outlier
[[Page 78750]]
adjustment factors. The unrounded GAF/DRG budget neutrality factors and
the unrounded outlier adjustment to the capital Federal rate were
revised because of these errors. However, after rounding these factors
to 4 decimal places as displayed in the final rule, the rounded factors
were unchanged from the final rule.
On page 59057, we are making conforming changes to the fixed-loss
amount for FY 2021 site neutral payment rate discharges, and the high
cost outlier (HCO) threshold (based on the corrections to the IPPS
fixed-loss amount discussed previously).
On pages 59060 and 59061, we are making conforming corrections to
the national adjusted operating standardized amounts and capital
standard Federal payment rate (which also include the rates payable to
hospitals located in Puerto Rico) in Tables 1A, 1B, 1C, and 1D as a
result of the conforming corrections to certain budget neutrality
factors and the outlier threshold previously described.
C. Summary of Errors in the Appendices
On pages 59062, 59070, 59074 through 59076, and 59085 we are
correcting inadvertent typographical errors in the internal section
references.
On pages 59064 through 59071, 59073 and 59074, and 59092 and 59093,
in our regulatory impact analyses, we have made conforming corrections
to the factors, values, and tables and accompanying discussion of the
changes in operating and capital IPPS payments for FY 2021 and the
effects of certain IPPS budget neutrality factors as a result of the
technical errors that lead to changes in our calculation of the
operating and capital IPPS budget neutrality factors, outlier
threshold, final wage indexes, operating standardized amounts, and
capital Federal rate (as described in section II.B. of this correcting
document). These conforming corrections include changes to the
following tables:
On pages 59065 through 59069, the table titled ``Table I--
Impact Analysis of Changes to the IPPS for Operating Costs for FY
2021''.
On pages 59073 and 59074, the table titled ``Table II--
Impact Analysis of Changes for FY 2021 Acute Care Hospital Operating
Prospective Payment System (Payments per discharge)''.
On pages 59092 and 59093, the table titled ``Table III--
Comparison of Total Payments per Case [FY 2020 Payments Compared to
Final FY 2021 payments]''.
On pages 59076 through 59079, we are correcting the discussion of
the ``Effects of the Changes to Uncompensated Care Payments for FY
2021'' for purposes of the Regulatory Impact Analysis in Appendix A of
the FY 2021 IPPS/LTCH PPS final rule, including the table titled
``Modeled Uncompensated Care Payments for Estimated FY 2021 DSHs by
Hospital Type: Uncompensated Care Payments ($ in Millions)*--from FY
2020 to FY 2021'' on pages 59077 and 59078, in light of the corrections
discussed in section II.D. of this correcting document.
D. Summary of Errors in and Corrections to Files and Tables Posted on
the CMS Website
We are correcting the errors in the following IPPS tables that are
listed on pages 59059 and 59060 of the FY 2021 IPPS/LTCH PPS final rule
and are available on the internet on the CMS website at https://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/AcuteInpatientPPS/.
The tables that are available on the internet have been updated to
reflect the revisions discussed in this correcting document.
Table 2--Case-Mix Index and Wage Index Table by CCN-FY 2021 Final
Rule. As discussed in section II.B. of this correcting document, CCN
050481 is incorrectly listed as reclassified to its home geographic
area of CBSA 31084. In this table, we are correcting the columns titled
``Wage Index Payment CBSA'' and ``MGCRB Reclass'' to accurately reflect
its reclassification to CBSA 37100. This correction necessitated the
recalculation of the FY 2021 wage index for CBSA 37100. Also, the
corrections to the version 38 MS-DRG assignment for some cases in the
historical claims data and the resulting recalculation of the relative
weights and ALOS, corrections to Factor 3 of the uncompensated care
payment methodology, and recalculation of all of the budget neutrality
adjustments (as discussed in section II.B. of this correcting document)
necessitated the recalculation of the rural floor budget neutrality
factor which is the only budget neutrality factor applied to the FY
2021 wage indexes. Because the rural floor budget neutrality factor is
applied to the FY 2021 wage indexes, we are making corresponding
changes to the wage indexes listed in Table 2. In addition, as also
discussed later in this section, because the wage indexes are one of
the inputs used to determine the out-migration adjustment, some of the
out migration adjustments changed. Therefore, we are making
corresponding changes to some of the out-migration adjustments listed
in Table 2. Also, as discussed in section II.A of this correcting
document, we made a conforming change to the 25th percentile wage index
value across all hospitals. Accordingly, we are making corresponding
changes to the values for hospitals in the columns titled ``FY 2021
Wage Index Prior to Quartile and Transition'', ``FY 2021 Wage Index
With Quartile'', ``FY 2021 Wage Index With Quartile and Cap'' and
``Out-Migration Adjustment''. We also updated footnote number 6 to
reflect the conforming change to the 25th percentile wage index value
across all hospitals.
Table 3.--Wage Index Table by CBSA--FY 2021 Final Rule. As
discussed in section II.B. of this correcting document, CCN 050481 is
incorrectly listed in Table 2 as reclassified to its home geographic
area of CBSA 31084 instead of reclassified to CBSA 37100. This
correction necessitated the recalculation of the FY 2021 wage index for
CBSA 37100. Also, corrections to the version 38 MS-DRG assignment for
some cases in the historical claims data and the resulting
recalculation of the relative weights and ALOS, corrections to Factor 3
of the uncompensated care payment methodology, and the recalculation of
all of the budget neutrality adjustments (as discussed in section II.B.
of this correcting document) necessitated the recalculation of the
rural floor budget neutrality factor which is the only budget
neutrality factor applied to the FY 2021 wage indexes. Because the
rural floor budget neutrality factor is applied to the FY 2021 wage
indexes, we are making corresponding changes to the wage indexes and
GAFs of all CBSAs listed in Table 3. Specifically, we are correcting
the values and flags in the columns titled ``Wage Index'', ``GAF'',
``Reclassified Wage Index'', ``Reclassified GAF'', ``State Rural
Floor'', ``Eligible for Rural Floor Wage Index'', ``Pre-Frontier and/or
Pre-Rural Floor Wage Index'', ``Reclassified Wage Index Eligible for
Frontier Wage Index'', ``Reclassified Wage Index Eligible for Rural
Floor Wage Index'', and ``Reclassified Wage Index Pre-Frontier and/or
Pre-Rural Floor''.
Table 4A.-- List of Counties Eligible for the Out-Migration
Adjustment under Section 1886(d)(13) of the Act--FY 2021 Final Rule. As
discussed in section II.B. of this correcting document, CCN 050481 is
incorrectly listed in Table 2 as reclassified to its home geographic
area of CBSA 31084 instead of reclassified to CBSA 37100. This
correction necessitated the recalculation of the FY 2021 wage index for
CBSA 37100. Also, corrections to the version 38 MS-DRG assignment for
some cases
[[Page 78751]]
in the historical claims data and the resulting recalculation of the
relative weights and ALOS, corrections to Factor 3 of the uncompensated
care payment methodology, and the recalculation of all of the budget
neutrality adjustments (as discussed in section II.B. of this
correcting document) necessitated the recalculation of the rural floor
budget neutrality factor which is the only budget neutrality factor
applied to the FY 2021 wage indexes. As a result, as discussed
previously, we are making corresponding changes to the FY 2021 wage
indexes. Because the wage indexes are one of the inputs used to
determine the out-migration adjustment, some of the out migration
adjustments changed. Therefore, we are making corresponding changes to
some of the out-migration adjustments listed in Table 4A. Specifically,
we are correcting the values in the column titled ``FY 2021 Out
Migration Adjustment''.
Table 5.--List of Medicare Severity Diagnosis-Related Groups (MS-
DRGs), Relative Weighting Factors, and Geometric and Arithmetic Mean
Length of Stay--FY 2021. We are correcting this table to reflect the
recalculation of the relative weights, geometric average length-of-stay
(LOS), and arithmetic mean LOS as a result of the corrections to the
version 38 MS-DRG assignment for some cases in the historical claims
data used in the calculations (as discussed in section II.B. of this
correcting document).
Table 7B.--Medicare Prospective Payment System Selected Percentile
Lengths of Stay: FY 2019 MedPAR Update--March 2020 GROUPER Version 38
MS-DRGs. We are correcting this table to reflect the recalculation of
the relative weights, geometric average LOS, and arithmetic mean LOS as
a result of the corrections to the version 38 MS-DRG assignment for
some cases in the historical claims data used in the calculations (as
discussed in section II.B. of this correcting document).
Table 18.--FY 2021 Medicare DSH Uncompensated Care Payment Factor
3. For the FY 2021 IPPS/LTCH PPS final rule, we published a list of
hospitals that we identified to be subsection (d) hospitals and
subsection (d) Puerto Rico hospitals projected to be eligible to
receive uncompensated care interim payments for FY 2021. As stated in
the FY 2021 IPPS/LTCH PPS final rule (85 FR 58834 and 58835), we
allowed the public an additional period after the issuance of the final
rule to review and submit comments on the accuracy of the list of
mergers that we identified in the final rule. Based on the comments
received during this additional period, we are updating this table to
reflect the merger information received in response to the final rule
and to revise the Factor 3 calculations for purposes of determining
uncompensated care payments for the FY 2021 IPPS/LTCH PPS final rule.
We are revising Factor 3 for all hospitals to reflect the updated
merger information received in response to the final rule. We are also
revising the amount of the total uncompensated care payment calculated
for each DSH-eligible hospital. The total uncompensated care payment
that a hospital receives is used to calculate the amount of the interim
uncompensated care payments the hospital receives per discharge;
accordingly, we have also revised these amounts for all DSH-eligible
hospitals. These corrections will be reflected in Table 18 and the
Medicare DSH Supplemental Data File. Per discharge uncompensated care
payments are included when determining total payments for purposes of
all of the budget neutrality factors and the final outlier threshold.
As a result, these corrections to uncompensated care payments impacted
the calculation of all the budget neutrality factors as well as the
outlier fixed-loss cost threshold. In section IV.C. of this correcting
document, we have made corresponding revisions to the discussion of the
``Effects of the Changes to Medicare DSH and Uncompensated Care
Payments for FY 2021'' for purposes of the Regulatory Impact Analysis
in Appendix A of the FY 2021 IPPS/LTCH PPS final rule to reflect the
corrections discussed previously and to correct minor typographical
errors.
The files that are available on the internet have been updated to
reflect the corrections discussed in this correcting document.
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 the proposed rulemaking
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 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, 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
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 process 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 an 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 typographical
errors in the preamble, addendum, payment rates, tables, and appendices
included or referenced in the FY 2021 IPPS/LTCH PPS 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
correcting document is intended to ensure that the information in the
FY 2021 IPPS/LTCH PPS final rule accurately reflects the policies
adopted in that document.
In addition, even if this were a rule 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 or delaying the effective date would
be contrary to the public interest because it is in the public's
interest for providers to receive appropriate payments in as timely a
manner as possible, and to ensure that the FY 2021 IPPS/LTCH PPS final
rule accurately reflects our policies. Furthermore, such procedures
would be unnecessary, as we are not altering our payment methodologies
or policies, but rather, we are simply implementing correctly the
methodologies and policies that we previously proposed, requested
comment on, and subsequently finalized. This correcting document is
intended solely to ensure that the FY 2021 IPPS/LTCH PPS final rule
accurately reflects these payment methodologies and policies.
Therefore, we believe we have good cause to waive
[[Page 78752]]
the notice and comment and effective date requirements. Moreover, even
if these corrections were considered to be retroactive rulemaking, they
would be authorized under section 1871(e)(1)(A)(ii) of the Act, which
permits the Secretary to issue a rule for the Medicare program with
retroactive effect if the failure to do so would be contrary to the
public interest. As we have explained previously, we believe it would
be contrary to the public interest not to implement the corrections in
this correcting document because it is in the public's interest for
providers to receive appropriate payments in as timely a manner as
possible, and to ensure that the FY 2021 IPPS/LTCH PPS final rule
accurately reflects our policies.
IV. Correction of Errors
In FR Doc. 2020-19637 of September 18, 2020 (85 FR 58432), we are
making the following corrections:
A. Corrections of Errors in the Preamble
1. On page 58435, third column, third full paragraph, line 1, the
reference, ``section II.G.9.b.'' is corrected to read ``section
II.F.9.b.''.
2. On page 58436, first column, first full paragraph, line 10, the
reference, ``section II.G.9.c.'' is corrected to read ``section
II.F.9.c.''.
3. On page 58448, lower half of the page, second column, first
partial paragraph, lines 19 and 20, the reference, ``section
II.E.2.b.'' is corrected to read ``section II.D.2.b.''.
4. On page 58451, first column, first full paragraph, line 12, the
reference, ``section II.E.16.'' is corrected to read ``section
II.D.16.''.
5. On page 58453, third column, third full paragraph, line 13, the
reference, ``section II.E.2.b.'' is corrected to read ``section
II.D.2.b.''.
6. On page 58459, first column, fourth paragraph, line 3, the
reference, ``section II.E.1.b.'' is corrected to read ``section
II.D.1.b.''.
7. On page 58464, bottom quarter of the page, second column,
partial paragraph, lines 4 and 5, the phrase ``and section II.E.15. of
this final rule,'' is corrected to read ``and this final rule,''.
8. On page 58471, first column, first partial paragraph, lines 12
and 13, the reference, ``section II.E.15.'' is corrected to read
``section II.D.15.''.
9. On page 58479, first column, first partial paragraph:
a. Line 6, the reference, ``section II.E.16.'' is corrected to read
``section II.D.16.''.
b. Line 15, the reference, ``section II.E.1.b.'' is corrected to
read ``section II.D.1.b.''.
10. On page 58487, first column, first full paragraph, lines 20
through 21, the reference, ``section II.E.12.b.'' is corrected to read
``section II.D.12.b.''.
11. On page 58495, middle of the page, third column, first full
paragraph, line 5, the reference, ``section II.E.1.b.'' is corrected to
read ``section II.D.1.b.''.
12. On page 58506:
a. Top half of the page, second column, first full paragraph, line
8, the reference, ``section II.E.1.b.'' is corrected to read ``section
II.D.1.b.''.
b. Bottom half of the page:
(1) First column, first paragraph, line 5, the reference, ``section
II.E.1.b.'' is corrected to read ``section II.D.1.b.''.
(2) Second column, third full paragraph, line 5, the reference,
``section II.E.1.b.'' is corrected to read ``section II.D.1.b.''.
13. On page 58509:
a. First column, last paragraph, last line, the reference,
``section II.E.2.'' is corrected to read ``section II.D.2.''.
b. Third column, last paragraph, line 5, the reference, ``section
II.E.1.b.'' is corrected to read ``section II.D.1.b.''.
14. On page 58520, second column, second full paragraph, line 22,
the reference, ``section II.E.11.'' is corrected to read ``section
II.D.11.''.
15. On page 58529, bottom half of the page, first column, last
paragraph, lines 11 and 12, the reference, ``section II.E.12.a.'' is
corrected to read ``section II.D.12.a.''.
16. On page 58531:
a. Top of the page, second column, last paragraph, line 3, the
reference, ``section II.E.4.'' is corrected to read ``section
II.D.4.''.
b. Bottom of the page, first column, last paragraph, line 3, the
reference, ``section II.E.16.'' is corrected to read ``section
II.D.16.''.
17. On page 58532, top of the page, second column, first partial
paragraph, line 5, the reference, ``section II.E.4.'' is corrected to
read ``section II.D.4.''.
18. On page 58537:
a. Second column, last paragraph, line 6, the reference, ``section
II.E.11.c.5.'' is corrected to read ``section II.D.11.c.(5).''.
b. Third column, fifth paragraph:
(1) Lines 8 and 9, the reference, ``section II.E.11.c.1.'' is
corrected to read ``section II.D.11.c.(1).''.
(2) Line 29, the reference, ``section II.E.11.c.1.'' is corrected
to read ``section II.D.11.c.(1).''.
19. On page 58540, first column, first partial paragraph, line 19,
the reference, ``section II.E.13.'' is corrected to read ``section
II.D.13.''.
20. On page 58541, second column, first partial paragraph, lines 9
and 10, the reference, ``section II.E.1.b.'' is corrected to read
``section II.D.1.b.''.
21. On page 58553, second column, third full paragraph, line 20,
the reference, ``section II.E.16.'' is corrected to read ``section
II.D.16.''.
22. On page 58554, first column, fifth full paragraph, line 1, the
reference, ``section II.E.13.'' is corrected to read ``section
II.D.13.''.
23. On page 58555, second column, fifth full paragraph, lines 8 and
9, the reference, ``section II.E.13.'' is corrected to read ``section
II.D.13.''.
24. On page 58556:
a. First column, first partial paragraph, line 5, the reference,
``section II.E.16.'' is corrected to read ``section II.D.16.''.
b. Second column, first full paragraph:
(1) Line 6, the reference, ``section II.E.16.'' is corrected to
read ``section II.D.16.''.
(2) Line 38, the reference, ``section II.E.16.'' is corrected to
read ``section II.D.16.''.
25. On page 58559, bottom half of the page, third column, first
full paragraph, line 21, the reference, ``section II.E.12.c.'' is
corrected to read ``section II.D.12.c.''.
26. On page 58560, first column, first full paragraph, line 14, the
reference, ``section II.E.16.'' is corrected to read ``section
II.D.16.''.
27. On page 58580, third column, last paragraph, line 3, the
reference, ``section II.E.13. of this final rule,'' is corrected to
read ``this final rule,''.
28. On page 58581:
a. Middle of the page:
(1) First column, first paragraph, line 3, the reference, ``section
II.E.13. of this final rule,'' is corrected to read ``this final
rule,''.
(2) Third column, last paragraph, line 3, the reference, ``section
II.E.13. of this final rule,'' is corrected to read ``this final
rule,''.
b. Bottom of the page, third column, last paragraph, line 3, the
reference, ``section II.E.13. of this final rule,'' is corrected to
read ``this final rule,''.
29. On page 58582:
a. Middle of the page:
(1) First column, first paragraph, line 3, the reference, ``section
II.E.13. of this final rule,'' is corrected to read ``this final
rule,''.
(2) Third column, first full paragraph, line 3, the reference,
``section II.E.13. of this final rule,'' is corrected to read ``this
final rule,''.
b. Bottom of the page, second column, first full paragraph, lines 2
and 3, the reference, ``in section II.E.13. of this final rule,'' is
corrected to read ``this final rule,''.
30. On page 58583:
a. Top of the page, second column, last paragraph, line 3, the
reference,
[[Page 78753]]
``section II.E.13. of this final rule,'' is corrected to read ``this
final rule,''.
b. Bottom of the page:
(1) First column, last paragraph, line 3, the reference, ``in
section II.E.13. of this final rule,'' is corrected to read ``this
final rule,''.
(2) Third column, last paragraph, line 3, the reference, ``section
II.E.13. of this final rule,'' is corrected to read ``this final
rule,''.
31. On page 58585, top of the page, third column, last paragraph,
lines 3 and 4, the reference, ``in section II.E.13. of this final
rule,'' is corrected to read ``this final rule,''.
32. On page 58586:
a. Second column, last partial paragraph, line 4, the reference,
``section II.E.2.b.'' is corrected to read ``section II.D.2.b.''.
b. Third column:
(1) First partial paragraph:
(a) Lines 12 and 13, the reference, ``in section II.E.2.b. of this
final rule,'' is corrected to read ``this final rule,''.
(b) Lines 20 and 21, the reference, ``in section II.E.8.a. of this
final rule,'' is corrected to read ``this final rule,''.
(2) Last partial paragraph:
(a) Line 3, the reference, ``section II.E.4. of this final rule,''
is corrected to read ``this final rule,''.
(b) Line 38, the reference, ``section II.E.7.b. of this final
rule,'' is corrected to read ``this final rule,''.
33. On page 58587:
a. Top of the page, second column, partial paragraph, line 7, the
reference, ``section II.E.8.a. of this final rule,'' is corrected to
read ``this final rule,''.
b. Bottom of the page:
(1) Second column, last partial paragraph, line 3, the reference,
``section II.E.2.b.'' is corrected to read ``section II.D.2.b.''.
(2) Third column, first partial paragraph, line 1, the reference,
``section II.E.8.a.'' is corrected to read ``section II.D.8.a.''.
34. On page 58588, first column:
a. First full paragraph, line 3, the reference, ``section II.E.4.''
is corrected to read ``section II.D.4.''.
b. Third full paragraph, line 3, the reference, ``section
II.E.7.b.'' is corrected to read ``section II.D.7.b.''.
c. Fifth full paragraph, line 3, the reference, ``section
II.E.8.a.'' is corrected to read ``section II.D.8.a.''.
35. On page 58596:
a. First column:
(1) First full paragraph, line 1, the reference, ``section
II.E.5.a.'' is corrected to read ``section II.D.5.a.''.
(2) Last paragraph, line 5, the reference, ``section II.E.1.b.'' is
corrected to read ``section II.D.1.b.''.
c. Second column, first full paragraph, line 14, the date ``March
31, 2019'' is corrected to read ``March 31, 2020''.
36. On page 58599, first column, second full paragraph, line 1, the
reference, ``section II.E.2.b.'' is corrected to read ``section
II.D.2.b.''.
37. On page 58603, first column:
a. First partial paragraph, line 13, the reference, ``section
II.G.1.a.(2).b.'' is corrected to read ``section II.F.1.a.(2).b.''.
b. Last partial paragraph, line 21, the reference, ``section
II.G.1.a.(2).b.'' is corrected to read ``section II.F.1.a.(2).b.''.
38. On page 58604, third column, first partial paragraph, line 38,
the reference, ``section II.E.2.b.'' is corrected to read ``section
II.D.2.b.''.
39. On page 58606:
a. First column, second partial paragraph, line 13, the reference,
``section II.G.9.b.'' is corrected to read ``section II.F.9.b.''.
b. Second column:
(1) First partial paragraph, line 3, the reference, ``section
II.G.9.b.'' is corrected to read ``section II.F.9.b.''.
(2) First full paragraph:
(a) Line 29, the reference, ``section II.G.8.'' is corrected to
read ``section II.F.8.''.
(b) Line 36, ``section II.G.8.'' is corrected to read ``section
II.F.8.''.
e. Third column, first full paragraph:
(1) Lines 4 and 5, the reference, ``section II.G.9.b.'' is
corrected to read section ``II.F.9.b.''.
(2) Line 13, the reference ``section II.G.9.b.'' is corrected to
read ``section II.F.9.b.''.
40. On page 58607:
a. First column, first full paragraph:
(1) Line 7, the reference, ``section II.G.9.b.'' is corrected to
read ``section II.F.9.b.''.
(2) Line 13, the reference, ``section II.G.9.b.'' is corrected to
read ``section II.F.9.b.''.
c. Second column, first partial paragraph:
(1) Line 20, the reference, ``section II.G.9.c.'' is corrected to
read ``section II.F.9.c.''.
(2) Line 33, the reference, ``section II.G.9.c.'' is corrected to
read ``section II.F.9.c.''.
41. On page 58610:
a. Second column, last partial paragraph, lines 1 and 16, the
reference, ``section II.E.2.b.'' is corrected to read ``section
II.D.2.b.''.
b. Third column, first partial paragraph:
(1) Line 6, the reference, ``section II.G.1.a.(2).b.'' is corrected
to read ``section II.F.1.a.(2)b.''
(2) Lines 20 and 21, the reference, ``section II.G.1.a.(2)b.'' is
corrected to read ``section II.F.1.a.(2)b.''.
42. On page 58716, first column, second full paragraph, lines 14
through 19, the phrase, ``with 03HK0MZ (Insertion of stimulator lead
into right internal carotid artery, open approach) or 03HL0MZ
(Insertion of stimulator lead into left internal carotid artery, open
approach)'' is corrected to read ``with 03HK3MZ (Insertion of
stimulator lead into right internal carotid artery, percutaneous
approach) or 03HL3MZ (Insertion of stimulator lead into left internal
carotid artery, percutaneous approach).''.
43. On page 58717, first column, first partial paragraph, line 5,
the phrase, ``with 03HK0MZ or 03HL0MZ'' is corrected to read ``with
03HK3MZ or 03HL3MZ.''
44. On page 58719:
a. First column, last partial paragraph, line 12, the reference,
``section II.G.8.'' is corrected to read ``section II.F.8.''.
b. Third column, first partial paragraph, line 15, the reference,
``section II.G.8.'' is corrected to read ``section II.F.8.''.
45. On page 58721, third column, second full paragraph, line 17,
the phrase, ``XW03366 or XW04366'' is corrected to read ``XW033A6
(Introduction of cefiderocol anti-infective into peripheral vein,
percutaneous approach, new technology group 6) or XW043A6 (Introduction
of cefiderocol anti-infective into central vein, percutaneous approach,
new technology group 6).''.
46. On page 58723, second column, first partial paragraph, line 14,
the phrase, ``procedure codes XW03366 or XW04366'' is corrected to read
``procedure codes XW033A6 or XW043A6.''
47. On page 58734, third column, second full paragraph, line 26,
the reference, ``section II.G.9.b.'' is corrected to read ``section
II.F.9.b.''.
48. On page 58736, second column, first full paragraph, line 27,
the reference, ``II.G.9.b.'' is corrected to read ``II.F.9.b.''.
49. On page 58737, third column, first partial paragraph, line 5,
the reference, ``section II.G.1.d.'' is corrected to read ``section
II.F.1.d.''.
50. On page 58739, third column, first full paragraph, line 21, the
reference, ``section II.G.8.'' is corrected to read ``section
II.F.8.''.
51. On page 58741, third column, second partial paragraph, line 17,
the reference, ``section II.G.9.a.'' is corrected to read ``section
II.F.9.a.''.
[[Page 78754]]
52. On page 58768, third column, first partial paragraph, line 3,
the figure ``0.8465'' is corrected to read ``0.8469''.
53. On page 58842, second column, first full paragraph, lines 19
and 35, the reference, ``section II.E.2.b.'' is corrected to read
``section II.D.2.b.''.
54. On page 58876, first column, first full paragraph, line 18, the
reference, ``section II.E.'' is corrected to read ``section II.D.''.
55. On page 58893, first column, second full paragraph, line 5, the
reference, ``section II.E.2.b.'' is corrected to read ``section
II.D.2.b.''.
56. On page 58898, third column, first full paragraph, line 9, the
reference, ``section II.E.'' is corrected to read ``section II.D.''.
57. On page 58899, third column, first full paragraph, line 24, the
reference, ``section II.E.1.'' is corrected to read ``section
II.D.1.''.
58. On page 58900, first column, third paragraph, line 26, the
reference, ``section II.E.'' is corrected to read ``section II.D.''.
59. On page 59006, second column, second full paragraph:
a. Line 4, the regulation citation, ``(c)(3)(i)'' is corrected to
read ``(c)(1)(ii)''.
b. Line 12, the regulation citation, ``(c)(3)(ii)'' is corrected to
read ``(c)(2)(ii)''.
c. Lines 17 and 18, the phrase ``charged to an uncollectible
receivables account'' is corrected to read, ``recorded as an implicit
price concession''.
B. Correction of Errors in the Addendum
1. On page 59031:
a. First column:
(1) First full paragraph, line 7, the reference, ``section
``II.G.'' is corrected to read ``section II.E.''.
(2) Second partial paragraph, lines 26 and 27, the reference,
``section II.G.'' is corrected to read ``section II.E.''.
b. Second column, first partial paragraph:
(1) Line 5, the reference, ``section II.E.2.b.'' is corrected to
read ``section II.D.2.b.''.
(2) Line 22, the reference, ``section II.E.2.b.'' is corrected to
read ``section II.D.2.b.''.
2. On page 59034, at the top of the page, the table titled
``Summary of FY 2021 Budget Neutrality Factors'' is corrected to read:
[GRAPHIC] [TIFF OMITTED] TR07DE20.007
3. On page 59037, second column:
a. First full paragraph, line 4, the phrase ``(estimated capital
outlier payments of $429,431,834 divided by (estimated capital outlier
payments of $429,431,834 plus the estimated total capital Federal
payment of $7,577,697,269))'' is corrected to read: ``(estimated
capital outlier payments of $429,147,874 divided by (estimated capital
outlier payments of $429,147,874 plus the estimated total capital
Federal payment of $7,577,975,637))''
b. Last partial paragraph, line 8, the reference, ``section
II.E.2.b.'' is corrected to read ``section II.D.2.b.''.
4. On page 59039, third column, last paragraph, lines 18 and 19,
the phrase ``9,519,120 cases'' is corrected to ``9,221,466 cases''.
5. On page 59040:
a. Top of the page, third column:
(1) First partial paragraph:
(a) Line 9, the figure ``$29,051'' is corrected to read
``$29,064''.
(b) Line 11, the figure ``$4,955,813,978'' is corrected to read
``$4,951,017,650''
(c) Line 12, the figure ``$92,027,177,037'' is corrected to read
``$91,937,666,182''.
(d) Line 26, the figure ``$29,108'' is corrected to read
``$29,121''.
[[Page 78755]]
(e) Line 33, the figure ``$29,051'' is corrected to read
``$29,064''.
(2) First full paragraph, line 11, the phrase ``threshold for FY
2021 (which reflects our'' is corrected to read ``threshold for FY 2021
of $29,064 (which reflects our''.
b. Bottom of the page, the untitled table is corrected to read as
follows:
[GRAPHIC] [TIFF OMITTED] TR07DE20.008
6. On pages 59042, the table titled ``CHANGES FROM FY 2020
STANDARDIZED AMOUNTS TO THE FY 2021 STANDARDIZED AMOUNTS'' is corrected
to read as follows:
[GRAPHIC] [TIFF OMITTED] TR07DE20.009
[[Page 78756]]
7. On page 59047:
a. Second column:
(1) Second full paragraph, line 43, the figure ``0.9984'' is
corrected to read ``0.9983''.
(2) Last paragraph:
(a) Line 17, the figure ``0.9984'' is corrected to read ``0.9983''.
(b) Line 18, the figure ``0.9984'' is corrected to read ``0.9983''.
b. Third column:
(1) Third paragraph, line 4, the figure ``0.9984'' is corrected to
read ``0.9983''.
(2) Last paragraph, line 9, the figure ``$466.22'' is corrected to
read ``$466.21''.
8. On page 59048:
a. The chart titled ``COMPARISON OF FACTORS AND ADJUSTMENTS: FY
2020 CAPITAL FEDERAL RATE AND THE FY 2021 CAPITAL FEDERAL RATE'' is
corrected to read as follows:
[GRAPHIC] [TIFF OMITTED] TR07DE20.010
b. Lower half of the page, first column, second full paragraph,
last line, the figure ``$29,051'' is corrected to read ``$29,064''.
9. On page 59057, second column, second full paragraph:
a. Line 11, the figure ``$29,051'' is corrected to read
``$29,064''.
b. Last line, the figure ``$29,051'' is corrected to read
``$29,064''.
10. On page 59060, the table titled ``TABLE 1A--NATIONAL ADJUSTED
OPERATING STANDARDIZED AMOUNTS, LABOR/NONLABOR (68.3 PERCENT LABOR
SHARE/31.7 PERCENT NONLABOR SHARE IF WAGE INDEX IS GREATER THAN 1) --FY
2021'' is corrected to read as follows:
[GRAPHIC] [TIFF OMITTED] TR07DE20.011
11. On page 59061, top of the page:
a. The table titled ``TABLE 1B--NATIONAL ADJUSTED OPERATING
STANDARDIZED AMOUNTS, LABOR/NONLABOR (62 PERCENT LABOR SHARE/38 PERCENT
NONLABOR SHARE IF WAGE INDEX IS LESS THAN OR EQUAL TO 1)--FY 2021'' is
corrected to read as follows:
[[Page 78757]]
[GRAPHIC] [TIFF OMITTED] TR07DE20.012
b. The table titled ``Table 1C--ADJUSTED OPERATING STANDARDIZED
AMOUNTS FOR HOSPITALS IN PUERTO RICO, LABOR/NONLABOR (NATIONAL: 62
PERCENT LABOR SHARE/38 PERCENT NONLABOR SHARE BECAUSE WAGE INDEX IS
LESS THAN OR EQUAL TO 1)--FY 2021'' is corrected to read as follows:
[GRAPHIC] [TIFF OMITTED] TR07DE20.013
c. The table titled ``TABLE 1D--CAPITAL STANDARD FEDERAL PAYMENT
RATE--FY 2021'' is corrected to read as follows:
[GRAPHIC] [TIFF OMITTED] TR07DE20.014
C. Corrections of Errors in the Appendices
1. On page 59062, first column, second full paragraph:
a. Line 9, the reference ``sections II.G.5. and 6.'' is corrected
to read ``sections II.F.5. and 6.''
b. Line 11, the reference ``section II.G.6.'' is corrected to read
``section II.F.6.''
3. On page 59064, third column, second full paragraph, last line,
the figures ``2,049, and 1,152'' are corrected to read ``2,050 and
1,151''.
4. On page 59065 through 59069, the table and table notes for the
table titled ``TABLE I.--IMPACT ANALYSIS OF CHANGES TO THE IPPS FOR
OPERATING COSTS FOR FY 2021'' are corrected to read as follows:
BILLING CODE 4120-01-P
[[Page 78758]]
[GRAPHIC] [TIFF OMITTED] TR07DE20.015
[[Page 78759]]
[GRAPHIC] [TIFF OMITTED] TR07DE20.016
[[Page 78760]]
[GRAPHIC] [TIFF OMITTED] TR07DE20.017
[[Page 78761]]
[GRAPHIC] [TIFF OMITTED] TR07DE20.018
BILLING CODE 4120-01-C
[[Page 78762]]
5. On page 59070:
a. First column:
(1) Third full paragraph:
(a) Line 1, the reference, ``section II.E.'' is corrected to read
``section II.D.''.
(b) Line 11, the section reference ``II.G.'' is corrected to read
``II.E.''.
(2) Fourth full paragraph, line 6, the figure ``0.99798'' is
corrected to read ``0.997975''.
b. Third column, first full paragraph, line 26, the figure
``1.000426'' is corrected to read ``1.000447''.
6. On page 59071, lower half of the page:
a. First column, third full paragraph, line 6, the figure
``0.986583'' is corrected to read ``0.986616''.
b. Second column, second full paragraph, line 5, the figure
``0.993433'' is corrected to read ``0.993446''.
c. Third column, first partial paragraph, line 2, the figure
``0.993433'' is corrected to read ``0.993446''.
7. On page 59073 and 59074, the table titled ``TABLE II.--IMPACT
ANALYSIS OF CHANGES FOR FY 2021 ACUTE CARE HOSPITAL OPERATING
PROSPECTIVE PAYMENT SYSTEM (PAYMENTS PER DISCHARGE)'' is corrected to
read as follows:
BILLING CODE 4120-01-P
[[Page 78763]]
[GRAPHIC] [TIFF OMITTED] TR07DE20.019
[[Page 78764]]
[GRAPHIC] [TIFF OMITTED] TR07DE20.020
BILLING CODE 4120-01-C
[[Page 78765]]
8. On page 59074, bottom of the page, second column, last partial
paragraph, line 1, the reference ``section II.G.9.b.'' is corrected to
read ``section II.F.9.b.''.
9. On page 59075:
a. First column:
(1) First full paragraph, line 1, the reference ``section
II.G.9.c.'' is corrected to read ``section II.F.9.c.''.
(2) Last partial paragraph:
(i) Line 1, the reference ``section II.G.4.'' is corrected to read
``section II.F.4.''.
(ii) Line 11, the reference ``section II.G.4.'' is corrected to
read ``section II.F.4.''.
b. Third column:
(1) First full paragraph:
(i) Line 1, the reference ``sections II.G.5. and 6.'' is corrected
to read ``sections II.F.5. and 6.''.
(ii) Line 12, the reference ``section II.H.6.'' is corrected to
read ``section II.F.6.''.
(2) Last paragraph, line 1, the reference ``section II.G.6.'' is
corrected to read ``section II.F.6.''.
10. On page 59076, first column, first partial paragraph, lines 2
and 3, the reference ``section II.G.9.c.'' is corrected to read
``section II.F.9.c.''.
11. On pages 59077 and 59078 the table titled ``Modeled
Uncompensated Care Payments for Estimated FY 2021 DSHs by Hospital
Type: Uncompensated Care Payments ($ in Millions)--from FY 2020 to FY
2021'' is corrected to read as follows:
BILLING CODE 4120-01-P
[[Page 78766]]
[GRAPHIC] [TIFF OMITTED] TR07DE20.021
[[Page 78767]]
[GRAPHIC] [TIFF OMITTED] TR07DE20.022
BILLING CODE 4120-01-C
12. On pages 59078 and 59079 in the section titled ``Effects of the
Changes to Uncompensated Care Payments for FY 2021'', the section's
language (beginning with the phrase ``Rural hospitals, in general, are
projected to experience'' and ending with the sentence ``Hospitals with
greater than 65 percent Medicare utilization are projected to receive
an increase of 0.62 percent.'') is corrected to read as follows:
``Rural hospitals, in general, are projected to experience larger
decreases in uncompensated care payments than their urban counterparts.
Overall, rural hospitals are projected to receive a 7.19 percent
decrease in uncompensated care payments, while urban hospitals are
projected to receive a 0.29 percent decrease in uncompensated care
payments. However, hospitals in large urban areas are projected to
receive a 0.75 percent increase in uncompensated care payments and
hospitals in other urban areas a 1.94 percent decrease.
By bed size, smaller rural hospitals are projected to receive the
largest decreases in uncompensated care payments. Rural hospitals with
0-99 beds are projected to receive a 9.46 percent payment decrease, and
rural hospitals with 100-249 beds are projected to receive a 7.44
percent decrease. These decreases for smaller rural hospitals are
greater than the overall hospital average. However, larger rural
hospitals with 250+ beds are projected to receive a 7.64 percent
payment increase. In contrast, the smallest urban hospitals (0-99 beds)
are projected to receive an increase in uncompensated care payments of
2.61 percent, while urban hospitals with 100-249 beds are projected to
receive a decrease of 1.05 percent, and larger urban hospitals with
250+ beds are projected to receive a 0.18 percent decrease in
uncompensated care payments, which is less than the overall hospital
average.
By region, rural hospitals are expected to receive larger than
average decreases in uncompensated care payments in all Regions, except
for rural hospitals in the Pacific Region, which are projected to
receive an increase in uncompensated care payments of 9.14 percent.
Urban hospitals are projected to receive a more varied range of payment
changes. Urban hospitals in the New England, the Middle Atlantic, West
South Central, and Mountain Regions, as well as urban hospitals in
Puerto Rico, are projected to receive larger than average decreases in
uncompensated care payments, while urban hospitals in the South
Atlantic, East North Central, East South Central, West North Central,
and Pacific Regions are projected to receive increases in uncompensated
care payments.
By payment classification, hospitals in urban areas overall are
expected to receive a 0.18 percent increase in uncompensated care
payments, with hospitals in large urban areas expected to see an
increase in uncompensated care payments of 1.15 percent, while
hospitals in other urban areas are expected to receive a decrease of
1.60 percent. In contrast, hospitals in rural areas are projected to
receive a decrease in uncompensated care payments of 3.18 percent.
Nonteaching hospitals are projected to receive a payment decrease
of 0.99 percent, teaching hospitals with fewer than 100 residents are
projected to receive a payment decrease of 0.83 percent, and teaching
hospitals with 100+ residents have a projected payment decrease of 0.41
percent. All of these decreases are consistent with the overall
hospital average. Proprietary and government hospitals are projected to
receive larger than average decreases of 2.42 and 1.14 percent
respectively, while voluntary hospitals are expected to receive a
payment decrease of 0.03 percent. Hospitals with less than 50 percent
Medicare utilization are projected to receive decreases in
uncompensated care payments consistent with the overall hospital
average percent change, while hospitals with 50 to 65 percent Medicare
utilization are projected to receive a larger than average decrease of
4.12 percent. Hospitals with greater than 65 percent Medicare
utilization are projected to receive an increase of 0.80 percent.''
13. On page 59085, lower half of the page, second column, last
partial paragraph, line 20, the section reference ``II.H.'' is
corrected to read ``IV.H.''.
14. On pages 59092 and 59093, the table titled ``TABLE III.--
COMPARISON OF TOTAL PAYMENTS PER CASE [FY 2020 PAYMENTS COMPARED TO
FINAL FY 2021 PAYMENTS] is corrected to read as:
BILLING CODE 4120-01-P
[[Page 78768]]
[GRAPHIC] [TIFF OMITTED] TR07DE20.023
[[Page 78769]]
[GRAPHIC] [TIFF OMITTED] TR07DE20.024
Wilma M. Robinson,
Deputy Executive Secretary to the Department, Department of Health and
Human Services.
[FR Doc. 2020-26698 Filed 12-1-20; 4:15 pm]
BILLING CODE 4120-01-C