Medicare Program; CY 2021 Payment Policies Under the Physician Fee Schedule and Other Changes to Part B Payment Policies; Medicare Shared Savings Program Requirements; Medicaid Promoting Interoperability Program Requirements for Eligible Professionals; Quality Payment Program; Coverage of Opioid Use Disorder Services Furnished by Opioid Treatment Programs; Medicare Enrollment of Opioid Treatment Programs; Electronic Prescribing for Controlled Substances for a Covered Part D Drug; Payment for Office/Outpatient Evaluation and Management Services; Hospital IQR Program; Establish New Code Categories; Medicare Diabetes Prevention Program (MDPP) Expanded Model Emergency Policy; Coding and Payment for Virtual Check-In Services Interim Final Rule Policy; Coding and Payment for Personal Protective Equipment (PPE) Interim Final Rule Policy; Regulatory Revisions in Response to the Public Health Emergency (PHE) for COVID-19; and Finalization of Certain Provisions From the March 31st, May 8th and September 2nd Interim Final Rules in Response to the PHE for COVID-19; Correction, 14690-14693 [2021-05548]
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Federal Register / Vol. 86, No. 51 / Thursday, March 18, 2021 / Rules and Regulations
of national security-controlled items
described below of national securitycontrolled items.
subject to the EAR in support of
License Exceptions: The waiver covers government space cooperation. License
exports and reexports of national
applications for such transactions will
security-controlled items to Russia that
be reviewed consistent with the export
are eligible for License Exception TMP
licensing policy for Russia prior to the
(Temporary Imports, Exports, and
date of this document. See Section
Reexports); License Exception GOV
742.4(b)(7) of the EAR.
(Governments, International
Other Russia-related licensing
Organizations, and International
considerations: BIS has also identified
Inspections under the Chemical
Parties with ties to Russia’s chemical
Weapons Convention); License
and biological weapons program in
Exception BAG (Baggage); License
additions to the Entity List published in
Exception AVS (Aircraft and Vessels);
and License Exception ENC (Encryption the Federal Register (see 85 FR 52898,
Commodities and Software). See
Aug. 27, 2020 and Addition of Certain
Sections 740.9 (TMP), 740.11 (GOV),
Entities to the Entity List; Correction of
740.14 (BAG), 740.15 (AVS), or 740.17
Existing Entries on the Entity List
(ENC) of the EAR.
published on March 8, 2021, in the
Safety of Flight: The waiver covers
Federal Register (see 86 FR 13179)).
exports and reexports to Russia of
Matthew S. Borman,
national security-controlled items
pursuant to licenses necessary for the
Deputy Assistant Secretary for Export
safety of flight of civil fixed-wing
Administration.
passenger aviation. License applications [FR Doc. 2021–05488 Filed 3–17–21; 8:45 am]
for such transactions will be reviewed
BILLING CODE 3510–33–P
consistent with export licensing policy
for Russia prior to the date of this
document. See Section 742.4(b)(7) of the
EAR.
Deemed Exports/Reexports: The
waiver covers exports and reexports of
national security-controlled items
pursuant to licenses for deemed exports
and reexports to Russian nationals.
License applications for such
transactions will be reviewed consistent
with export licensing policy for Russia
prior to the date of this document. See
Section 742.4(b)(7) of the EAR.
Wholly-Owned U.S. and Other
Foreign Subsidiaries: The waiver covers
exports and reexports of national
security-controlled items pursuant to
licenses to wholly-owned U.S.
subsidiaries and other foreign
subsidiaries of U.S. companies that are
located in Russia. License applications
for such transactions will be reviewed
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for Russia prior to the date of this
document. See Section 742.4(b)(7) of the
EAR.
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covers exports and reexports to Russia
of national security-controlled items in
support of commercial space launch
activities. License applications for such
transactions will be reviewed consistent
with the export licensing policy for
Russia prior to the date of this
document until September 1, 2021, after
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expire and license applications will be
reviewed under a presumption of
denial. See Section 742.4(b)(7) of the
EAR.
Government Space Flight: The waiver
covers exports and reexports to Russia
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 400, 410, 414, 415, 423,
424, and 425
[CMS–1734–F, CMS–1734–IFC, CMS–1744–
F, CMS–5531–F and CMS–3401–IFC] CN
RIN 0938–AU10, 0938–AU31, 0938–AU32,
and 0938–AU33
Medicare Program; CY 2021 Payment
Policies Under the Physician Fee
Schedule and Other Changes to Part B
Payment Policies; Medicare Shared
Savings Program Requirements;
Medicaid Promoting Interoperability
Program Requirements for Eligible
Professionals; Quality Payment
Program; Coverage of Opioid Use
Disorder Services Furnished by Opioid
Treatment Programs; Medicare
Enrollment of Opioid Treatment
Programs; Electronic Prescribing for
Controlled Substances for a Covered
Part D Drug; Payment for Office/
Outpatient Evaluation and
Management Services; Hospital IQR
Program; Establish New Code
Categories; Medicare Diabetes
Prevention Program (MDPP) Expanded
Model Emergency Policy; Coding and
Payment for Virtual Check-In Services
Interim Final Rule Policy; Coding and
Payment for Personal Protective
Equipment (PPE) Interim Final Rule
Policy; Regulatory Revisions in
Response to the Public Health
Emergency (PHE) for COVID–19; and
Finalization of Certain Provisions From
the March 31st, May 8th and
September 2nd Interim Final Rules in
Response to the PHE for COVID–19;
Correction
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Final rule and interim final rule;
correction.
AGENCY:
This document corrects
technical errors in the final rule that
appeared in the December 28, 2020,
Federal Register entitled, ‘‘Medicare
Program; CY 2021 Payment Policies
under the Physician Fee Schedule and
Other Changes to Part B Payment
Policies; Medicare Shared Savings
Program Requirements; Medicaid
Promoting Interoperability Program
Requirements for Eligible Professionals;
Quality Payment Program; Coverage of
Opioid Use Disorder Services Furnished
by Opioid Treatment Programs;
Medicare Enrollment of Opioid
Treatment Programs; Electronic
SUMMARY:
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Federal Register / Vol. 86, No. 51 / Thursday, March 18, 2021 / Rules and Regulations
Prescribing for Controlled Substances
for a Covered Part D Drug; Payment for
Office/Outpatient Evaluation and
Management Services; Hospital IQR
Program; Establish New Code
Categories; Medicare Diabetes
Prevention Program (MDPP) Expanded
Model Emergency Policy; Coding and
Payment for Virtual Check-in Services
Interim Final Rule Policy; Coding and
Payment for Personal Protective
Equipment (PPE) Interim Final Rule
Policy; Regulatory Revisions in
Response to the Public Health
Emergency (PHE) for COVID–19; and
Finalization of Certain Provisions from
the March 31st, May 8th and September
2nd Interim Final Rules in Response to
the PHE for COVID–19’’ (hereinafter
referred to as the CY 2021 PFS final
rule).
DATES: This correction is effective
March 18, 2021, and is applicable
beginning January 1, 2021.
FOR FURTHER INFORMATION CONTACT:
Terri Plumb, (410) 786–4481, Gaysha
Brooks, (410) 786–9649, or Annette
Brewer (410) 786–6580.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2020–26815 of December
28, 2020, the CY 2021 PFS final rule (85
FR 84472), there were technical errors
that are identified and corrected in this
correcting document. These corrections
are effective and applicable beginning
January 1, 2021.
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II. Summary of Errors
A. Summary of Errors in the Preamble
On page 84503, in the Medicare
telehealth services list, due to a
typographical error, the CPT code is
incorrect.
On page 84513 in Table 14: Final
Services for Temporary Addition to the
Medicare Telehealth Services List, we
inadvertently included CPT code 96121.
On page 84516 in Table 14: Final
Services for Temporary Addition to the
Medicare Telehealth Services List, we
inadvertently included CPT codes
99221, 99222, and 99223.
On page 84560 in Table 23: CY 2020
Work RVUs and CY 2021 Final Work
RVUs, we inadvertently included CPT
codes 99492 and 99493 and
inadvertently omitted HCPCS codes
G2211 and G2212. There were no
changes made to the work RVUs for CPT
codes 99492 and 99493 in this final
rule.
On page 84562 in Table 24:
Comparison of Physician Time, and
Clinical Staff Time (Non-facility and
Facility) for HCPCS Codes, CY 2020
Values vs. 2021 Final Values, we
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inadvertently included CPT codes
99492 and 99493 and inadvertently
omitted HCPCS Codes G2211 and
G2212.
On page 84665 in Table 28: CY 2021
Work RVUs for New, Revised and
Potentially Misvalued Codes, due to a
typographical error, we inadvertently
included the incorrect descriptor for
HCPCS code G2216.
B. Summary and Correction of Errors in
the Addenda on the CMS Website
Due to a technical change that was
applied in error to the indirect practice
expense (PE) allocation for HCPCS
codes G2082 and G2083 in the final
rule, the Addendum B posted on the
CMS website contained errors for the
Non-Facility PE RVUs, Facility PE
RVUs, Total Non-Facility RVUs, and the
Total Facility RVUs. Specifically, we
assigned an incorrect physician
specialty in our ratesetting process to
the predecessor codes for HCPCS codes
G2082 and G2083 in the CY 2020 PFS
final rule and CY 2021 PFS proposed
rule. We intended to correct the
assigned physician specialty for these
codes in the CY 2021 PFS final rule;
however, we neglected to discuss this
correction in the course of PFS
rulemaking for CY 2021. Since this
technical change was applied in the CY
2021 PFS final rule, but was not
discussed in the course of PFS
rulemaking for CY 2021, we are
removing this change for the 2021
calendar year, retroactive to January 1,
2021. The Non-Facility PE RVUs,
Facility PE RVUs, Total Non-Facility
RVUs, and Total Facility RVUs that
resulted from the correction of this error
are reflected in the revised CY 2021
Addendum B available on the CMS
website at https://www.cms.gov/
medicaremedicare-fee-service-payment
physicianfeeschedpfs-federalregulation-notices/cms-1734-f.
Specifically, we are correcting the
following:
1. In Addendum B—Relative Value
Units and Related Information Used in
the CY 2021 PFS final rule, line 12615
for CPT/HCPCS code G2082, Visit
esketamine 56m or less,
a. Seventh column, the Non-Facility
PE RVUs the value ‘‘17.68’’ is corrected
to read ‘‘24.06’’.
b. Eighth column, the Facility PE
RVUs the value ’’ 0.17’’ is corrected to
read ‘‘0.27’’.
c. Tenth column, Total Non-Facility
RVUs the value ‘‘18.43’’ is corrected to
read ‘‘24.81’’.
d. Eleventh column, Total Facility
RVUs the value ‘‘0.92’’ is corrected to
read ‘‘1.02’’.
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14691
2. In Addendum B—Relative Value
Units and Related Information Used in
the CY 2021 PFS final rule, line 12616
for CPT/HCPCS G2083 for Visit
esketamine, >56m,
a. Seventh column the Non-Facility
PE RVUs the value ‘‘25.54’’ is corrected
to read ‘‘34.72’’.
b. Eighth column the Facility PE
RVUs the value ‘‘0.17’’ is corrected to
read ‘‘0.27’’.
c. Tenth column, Total Non-Facility
RVUs the value ‘‘26.29’’ is corrected to
read ‘‘35.47’’.
d. Eleventh column Total Facility
RVUs the value ‘‘0.92’’ is corrected to
read ‘‘1.02’’.
III. Waiver of Proposed Rulemaking
and Delay in Effective Date
Under 5 U.S.C. 553(b) of the
Administrative Procedure Act (the
APA), the agency is required to publish
a notice of the proposed rule in the
Federal Register before the provisions
of a rule take effect. Similarly, section
1871(b)(1) of the Social Security Act
(the Act) requires the Secretary to
provide for notice of the proposed rule
in the Federal Register and provide a
period of not less than 60 days for
public comment. In addition, section
553(d) of the APA and section
1871(e)(1)(B)(i) of the Act mandate a 30day delay in effective date after issuance
or publication of a rule. Sections
553(b)(B) and 553(d)(3) of the APA
provide for exceptions from the APA
notice and comment, and delay in
effective date requirements; in cases in
which these exceptions apply, sections
1871(b)(2)(C) and 1871(e)(1)(B)(ii) of the
Act provide exceptions from the notice
and 60-day comment period and delay
in effective date requirements of the Act
as well. Section 553(b)(B) of the APA
and section 1871(b)(2)(C) of the Act
authorize an agency to dispense with
normal notice and comment rulemaking
procedures for good cause if the agency
makes a finding that the notice and
comment process is impracticable,
unnecessary, or contrary to the public
interest, and includes a statement of the
finding and the reasons for it in the rule.
In addition, section 553(d)(3) of the
APA and section 1871(e)(1)(B)(ii) allow
the agency to avoid the 30-day delay in
effective date where such delay is
contrary to the public interest and the
agency includes in the rule a statement
of the finding and the reasons for it.
In our view, this correcting document
does not constitute a rulemaking that
would be subject to these requirements.
This document merely corrects
technical errors in the CY 2021 PFS
final rule. The corrections contained in
this document are consistent with, and
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Federal Register / Vol. 86, No. 51 / Thursday, March 18, 2021 / Rules and Regulations
do not make substantive changes to, the
policies and payment methodologies
that were proposed, subject to notice
and comment procedures, and adopted
in the CY 2021 PFS final rule. As a
result, the corrections made through this
correcting document are intended to
resolve inadvertent errors so that the CY
2021 PFS final rule accurately reflects
the policies adopted in the final rule.
Even if this were a rulemaking to which
the notice and comment and delayed
effective date requirements applied, we
find that there is good cause to waive
such requirements. Undertaking further
notice and comment procedures to
incorporate the corrections in this
document into the CY 2021 PFS final
rule or delaying the effective date of the
corrections would be contrary to the
public interest because it is in the
public interest to ensure that the rule
accurately reflects our policies as of the
date they take effect. Further, such
procedures would be unnecessary
because we are not making any
substantive revisions to the final rule,
but rather, we are simply correcting the
Federal Register document to reflect the
policies that we previously proposed,
received public comment on, and
subsequently finalized in the CY 2021
PFS final rule. For these reasons, we
believe there is good cause to waive the
requirements for notice and comment
and delay in effective date.
IV. Correction of Errors
In FR Doc. 2020–26815 (85 FR 84472),
published December 28, 2020, make the
following corrections:
A. Correction of Errors in the Preamble
1. On page 84503, second column,
third bullet, third line, the number
‘‘994780’’ is corrected to read ‘‘99478’’.
CY 2020
work RVUs
HCPCS code
Long descriptor
G2211 ...............
Visit complexity inherent to evaluation and management associated with medical care services that serve as the continuing focal point for all needed health care services and/or
with medical care services that are part of ongoing care related to a patient’s single, serious condition or a complex condition. (Add-on code, list separately in addition to office/
outpatient evaluation and management visit, new or established).
Prolonged office or other outpatient evaluation and management service(s) beyond the
maximum required time of the primary procedure which has been selected using total
time on the date of the primary service; each additional 15 minutes by the physician or
qualified healthcare professional, with or without direct patient contact (List separately in
addition to CPT codes 99205, 99215 for office or other outpatient evaluation and management services). (Do not report G2212 on the same date of service as 99354, 99355,
99358, 99359, 99415, 99416). (Do not report G2212 for any time unit less than 15 minutes).
G2212 ...............
5. On page 84562, Table 24:
Comparison of Physician Time, and
Clinical Staff Time (Non-facility and
Facility) for HCPCS Codes, CY 2020
Values vs. 2021 Final Values, is
corrected by removing CPT codes 99492
Phys. time
(minutes)—
CY 2020
HCPCS
G2211 ......................................................
G2212 ......................................................
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2. On page 84513 in Table 14: Final
Services for Temporary Addition to the
Medicare Telehealth Services List, the
second column, the third row, is
corrected by removing the listing for
HCPCS code 96121 in the second and
third columns.
3. On page 84516 in Table 14: Final
Services for Temporary Addition to the
Medicare Telehealth Services List, the
second column, the second, third, and
fourth rows are corrected by removing
the listings for HCPCS codes 99221,
99222, and 99223 in the second and
third columns.
4. On page 84560, Table 23: CY 2020
Work RVUs and CY 2021 Final Work
RVUs, is corrected by removing CPT
codes 99492 and 99493 and adding rows
for HCPCS codes G2211 and G2212 to
read as follows:
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(minutes)—
CY 2021 final
11
15
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staff time
(minutes)—
CY 2020
11
15
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Final CY 2021
work RVUs
N/A
0.33
N/A
0.61
and 99493 and adding rows for HCPCS
codes G2211 and G2212 to read as
follows:
NF clinical
staff time
(minutes)—
CY 2021 final
0
2
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0
2
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Fac. clinical
staff time
(minutes)—
CY 2020
Fac. clinical
staff time
(minutes)—
CY 2021 final
0
0
0
0
Federal Register / Vol. 86, No. 51 / Thursday, March 18, 2021 / Rules and Regulations
6. On page 84665 in Table 28: CY
2021 Work RVUs for New, Revised and
Potentially Misvalued Codes, the second
column, the third row, the phrase
‘‘Take-home supply of auto-injector
naloxone’’ is corrected to read ‘‘Takehome supply of injectable naloxone’’.
Dated: March 12, 2021.
Wilma M. Robinson,
Deputy Executive Secretary to the
Department, Department of Health and
Human Services.
[FR Doc. 2021–05548 Filed 3–16–21; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 210312–0054]
RIN 0648–BK15
Fisheries Off West Coast States;
Emergency Action to Temporarily
Extend the Primary Sablefish Fishery
Season; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Correcting amendment.
AGENCY:
This action corrects the
regulations governing the West Coast
Sablefish Primary fishery after the
expiration of the emergency rule to
temporarily extend the 2020 season for
the Sablefish Primary fishery. The
amendatory instructions for the
temporary rule were written incorrectly
so that when the temporary rule
expired, important regulations were
removed and reserved rather than
reinstated correctly. These corrections
are necessary so the regulations
accurately implement the Pacific
Fishery Management Council’s intent.
DATES: This correction is effective
March 18, 2021.
FOR FURTHER INFORMATION CONTACT:
Colin Sayre, phone: (206) 526 4656 or
email: colin.sayre@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS
published a temporary emergency rule
on October 27, 2020 (85 FR 68001), that
extended the season length for the West
Coast Sablefish Primary fishery. The
temporary rule extended the season
close date from October 31 to December
31 for the 2020 fishing year, based on
a recommendation from the Pacific
Fishery Management Council (the
Council) during its September 2020
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SUMMARY:
VerDate Sep<11>2014
15:53 Mar 17, 2021
Jkt 253001
meeting. The temporary rule expired at
noon on December 31, 2020. After
expiration of the temporary rule, NMFS
noted the need for two corrections.
Corrections
This action corrects the regulations
governing the West Coast Sablefish
Primary fishery. The season dates for
the sablefish primary fishery have
historically run from April 1 until
October 31 and were established in
regulations under Amendment 14 to the
Pacific Coast Groundfish Fishery
Management Plan (August 7, 2001; 66
FR 41152). The amendatory instructions
for the temporary rule (October 27,
2020; 85 FR 68001) were written
incorrectly so that when the temporary
rule expired, two important regulations
were reserved rather than reinstated
correctly. Specifically, the season dates
codified at § 660.231(b)(1) were
inadvertently removed and reserved.
This correction will reinstate that
paragraph which sets out the season
dates for this fishery. The reinstated
season dates are April 1 to October 31.
Additionally, NMFS inadvertently
removed and reserved a paragraph
referring to the season dates for the
primary sablefish fishery at
§ 660.213(d)(2) as part of the
recordkeeping and reporting
requirements for the fishery. This
correction will reinstate that paragraph.
These two corrections are consistent
with the Council action to extend the
season length for the West Coast
Sablefish Primary fishery temporarily
for the 2020 fishing year, and are
needed to correctly implement the
intent of the Council’s recommendation
in September 2020. The substance of the
text is unchanged from what was in
existing regulations prior to the October
27, 2020 temporary rule.
Classification
Pursuant to 5 U.S.C. 553(b)(B), the
Assistant Administrator for Fisheries
(AA) finds there is good cause to waive
prior notice and an opportunity for
public comment on this action, as notice
and comment would be unnecessary
and contrary to public interest. Notice
and comment are unnecessary and
contrary to the public interest because
this action corrects inadvertent errors
related to the October 27, 2020
temporary rule. Immediate correction of
the errors is necessary to prevent
confusion among participants in the
fishery that could result in issues with
enforcement of season dates for the
fishery. To effectively correct the errors,
the changes in this action must be
effective upon publication as the fishery
will begin on April 1, 2021. Thus, there
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14693
is not sufficient time for notice and
comment. In addition, notice and
comment is unnecessary because this
correcting amendment reinstates
previously established regulations and
corrects inadvertent errors related to the
October 27, 2020 temporary rule. These
corrections will not affect the results of
analyses conducted to support
management decisions in the Pacific
coast groundfish fishery. No change in
operating practices in the fishery is
required.
For the same reasons stated above, the
AA has determined good cause exists to
waive the 30-day delay in effectiveness
pursuant to 5 U.S.C. 553(d). This
correcting amendment reinstates season
dates in previously established
regulations that should have been
reinstated following expiration of the
October 27 temporary rule. Delaying
effectiveness of these corrections would
result in conflicts in the regulations and
confusion among fishery participants.
Because prior notice and an opportunity
for public comment are not required to
be provided for this rule by 5 U.S.C.
553, or any other law, the analytical
requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq., are
not applicable. Accordingly, no
Regulatory Flexibility Analysis is
required for this rule and none has been
prepared.
This final rule is not significant under
Executive Order 12866.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Indian
Fisheries.
Dated: March 12, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 660 is corrected
by making the following correcting
amendments:
PART 660—FISHERIES OFF WEST
COAST STATES
1. The authority citation for part 660
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq., 16
U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq.
2. In § 660.213(d)(2), add paragraph
(d)(2) to read as follows:
■
§ 660.213 Fixed gear fishery—
recordkeeping and reporting.
*
*
*
*
*
(d) * * *
(2) For participants in the sablefish
primary season, the cumulative limit
period to which this requirement
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]]>Agencies
[Federal Register Volume 86, Number 51 (Thursday, March 18, 2021)]
[Rules and Regulations]
[Pages 14690-14693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05548]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 400, 410, 414, 415, 423, 424, and 425
[CMS-1734-F, CMS-1734-IFC, CMS-1744-F, CMS-5531-F and CMS-3401-IFC] CN
RIN 0938-AU10, 0938-AU31, 0938-AU32, and 0938-AU33
Medicare Program; CY 2021 Payment Policies Under the Physician
Fee Schedule and Other Changes to Part B Payment Policies; Medicare
Shared Savings Program Requirements; Medicaid Promoting
Interoperability Program Requirements for Eligible Professionals;
Quality Payment Program; Coverage of Opioid Use Disorder Services
Furnished by Opioid Treatment Programs; Medicare Enrollment of Opioid
Treatment Programs; Electronic Prescribing for Controlled Substances
for a Covered Part D Drug; Payment for Office/Outpatient Evaluation and
Management Services; Hospital IQR Program; Establish New Code
Categories; Medicare Diabetes Prevention Program (MDPP) Expanded Model
Emergency Policy; Coding and Payment for Virtual Check-In Services
Interim Final Rule Policy; Coding and Payment for Personal Protective
Equipment (PPE) Interim Final Rule Policy; Regulatory Revisions in
Response to the Public Health Emergency (PHE) for COVID-19; and
Finalization of Certain Provisions From the March 31st, May 8th and
September 2nd Interim Final Rules in Response to the PHE for COVID-19;
Correction
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Final rule and interim final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This document corrects technical errors in the final rule that
appeared in the December 28, 2020, Federal Register entitled,
``Medicare Program; CY 2021 Payment Policies under the Physician Fee
Schedule and Other Changes to Part B Payment Policies; Medicare Shared
Savings Program Requirements; Medicaid Promoting Interoperability
Program Requirements for Eligible Professionals; Quality Payment
Program; Coverage of Opioid Use Disorder Services Furnished by Opioid
Treatment Programs; Medicare Enrollment of Opioid Treatment Programs;
Electronic
[[Page 14691]]
Prescribing for Controlled Substances for a Covered Part D Drug;
Payment for Office/Outpatient Evaluation and Management Services;
Hospital IQR Program; Establish New Code Categories; Medicare Diabetes
Prevention Program (MDPP) Expanded Model Emergency Policy; Coding and
Payment for Virtual Check-in Services Interim Final Rule Policy; Coding
and Payment for Personal Protective Equipment (PPE) Interim Final Rule
Policy; Regulatory Revisions in Response to the Public Health Emergency
(PHE) for COVID-19; and Finalization of Certain Provisions from the
March 31st, May 8th and September 2nd Interim Final Rules in Response
to the PHE for COVID-19'' (hereinafter referred to as the CY 2021 PFS
final rule).
DATES: This correction is effective March 18, 2021, and is applicable
beginning January 1, 2021.
FOR FURTHER INFORMATION CONTACT: Terri Plumb, (410) 786-4481, Gaysha
Brooks, (410) 786-9649, or Annette Brewer (410) 786-6580.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2020-26815 of December 28, 2020, the CY 2021 PFS final
rule (85 FR 84472), there were technical errors that are identified and
corrected in this correcting document. These corrections are effective
and applicable beginning January 1, 2021.
II. Summary of Errors
A. Summary of Errors in the Preamble
On page 84503, in the Medicare telehealth services list, due to a
typographical error, the CPT code is incorrect.
On page 84513 in Table 14: Final Services for Temporary Addition to
the Medicare Telehealth Services List, we inadvertently included CPT
code 96121.
On page 84516 in Table 14: Final Services for Temporary Addition to
the Medicare Telehealth Services List, we inadvertently included CPT
codes 99221, 99222, and 99223.
On page 84560 in Table 23: CY 2020 Work RVUs and CY 2021 Final Work
RVUs, we inadvertently included CPT codes 99492 and 99493 and
inadvertently omitted HCPCS codes G2211 and G2212. There were no
changes made to the work RVUs for CPT codes 99492 and 99493 in this
final rule.
On page 84562 in Table 24: Comparison of Physician Time, and
Clinical Staff Time (Non-facility and Facility) for HCPCS Codes, CY
2020 Values vs. 2021 Final Values, we inadvertently included CPT codes
99492 and 99493 and inadvertently omitted HCPCS Codes G2211 and G2212.
On page 84665 in Table 28: CY 2021 Work RVUs for New, Revised and
Potentially Misvalued Codes, due to a typographical error, we
inadvertently included the incorrect descriptor for HCPCS code G2216.
B. Summary and Correction of Errors in the Addenda on the CMS Website
Due to a technical change that was applied in error to the indirect
practice expense (PE) allocation for HCPCS codes G2082 and G2083 in the
final rule, the Addendum B posted on the CMS website contained errors
for the Non-Facility PE RVUs, Facility PE RVUs, Total Non-Facility
RVUs, and the Total Facility RVUs. Specifically, we assigned an
incorrect physician specialty in our ratesetting process to the
predecessor codes for HCPCS codes G2082 and G2083 in the CY 2020 PFS
final rule and CY 2021 PFS proposed rule. We intended to correct the
assigned physician specialty for these codes in the CY 2021 PFS final
rule; however, we neglected to discuss this correction in the course of
PFS rulemaking for CY 2021. Since this technical change was applied in
the CY 2021 PFS final rule, but was not discussed in the course of PFS
rulemaking for CY 2021, we are removing this change for the 2021
calendar year, retroactive to January 1, 2021. The Non-Facility PE
RVUs, Facility PE RVUs, Total Non-Facility RVUs, and Total Facility
RVUs that resulted from the correction of this error are reflected in
the revised CY 2021 Addendum B available on the CMS website at https://www.cms.gov/medicaremedicare-fee-service-paymentphysicianfeeschedpfs-federal-regulation-notices/cms-1734-f. Specifically, we are correcting
the following:
1. In Addendum B--Relative Value Units and Related Information Used
in the CY 2021 PFS final rule, line 12615 for CPT/HCPCS code G2082,
Visit esketamine 56m or less,
a. Seventh column, the Non-Facility PE RVUs the value ``17.68'' is
corrected to read ``24.06''.
b. Eighth column, the Facility PE RVUs the value '' 0.17'' is
corrected to read ``0.27''.
c. Tenth column, Total Non-Facility RVUs the value ``18.43'' is
corrected to read ``24.81''.
d. Eleventh column, Total Facility RVUs the value ``0.92'' is
corrected to read ``1.02''.
2. In Addendum B--Relative Value Units and Related Information Used
in the CY 2021 PFS final rule, line 12616 for CPT/HCPCS G2083 for Visit
esketamine, >56m,
a. Seventh column the Non-Facility PE RVUs the value ``25.54'' is
corrected to read ``34.72''.
b. Eighth column the Facility PE RVUs the value ``0.17'' is
corrected to read ``0.27''.
c. Tenth column, Total Non-Facility RVUs the value ``26.29'' is
corrected to read ``35.47''.
d. Eleventh column Total Facility RVUs the value ``0.92'' is
corrected to read ``1.02''.
III. Waiver of Proposed Rulemaking and Delay in Effective Date
Under 5 U.S.C. 553(b) of the Administrative Procedure Act (the
APA), the agency is required to publish a notice of the proposed rule
in the Federal Register before the provisions of a rule take effect.
Similarly, section 1871(b)(1) of the Social Security Act (the Act)
requires the Secretary to provide for notice of the proposed rule in
the Federal Register and provide a period of not less than 60 days for
public comment. In addition, section 553(d) of the APA and section
1871(e)(1)(B)(i) of the Act mandate a 30-day delay in effective date
after issuance or publication of a rule. Sections 553(b)(B) and
553(d)(3) of the APA provide for exceptions from the APA notice and
comment, and delay in effective date requirements; in cases in which
these exceptions apply, sections 1871(b)(2)(C) and 1871(e)(1)(B)(ii) of
the Act provide exceptions from the notice and 60-day comment period
and delay in effective date requirements of the Act as well. Section
553(b)(B) of the APA and section 1871(b)(2)(C) of the Act authorize an
agency to dispense with normal notice and comment rulemaking procedures
for good cause if the agency makes a finding that the notice and
comment process is impracticable, unnecessary, or contrary to the
public interest, and includes a statement of the finding and the
reasons for it in the rule. In addition, section 553(d)(3) of the APA
and section 1871(e)(1)(B)(ii) allow the agency to avoid the 30-day
delay in effective date where such delay is contrary to the public
interest and the agency includes in the rule a statement of the finding
and the reasons for it.
In our view, this correcting document does not constitute a
rulemaking that would be subject to these requirements. This document
merely corrects technical errors in the CY 2021 PFS final rule. The
corrections contained in this document are consistent with, and
[[Page 14692]]
do not make substantive changes to, the policies and payment
methodologies that were proposed, subject to notice and comment
procedures, and adopted in the CY 2021 PFS final rule. As a result, the
corrections made through this correcting document are intended to
resolve inadvertent errors so that the CY 2021 PFS final rule
accurately reflects the policies adopted in the final rule. Even if
this were a rulemaking to which the notice and comment and delayed
effective date requirements applied, we find that there is good cause
to waive such requirements. Undertaking further notice and comment
procedures to incorporate the corrections in this document into the CY
2021 PFS final rule or delaying the effective date of the corrections
would be contrary to the public interest because it is in the public
interest to ensure that the rule accurately reflects our policies as of
the date they take effect. Further, such procedures would be
unnecessary because we are not making any substantive revisions to the
final rule, but rather, we are simply correcting the Federal Register
document to reflect the policies that we previously proposed, received
public comment on, and subsequently finalized in the CY 2021 PFS final
rule. For these reasons, we believe there is good cause to waive the
requirements for notice and comment and delay in effective date.
IV. Correction of Errors
In FR Doc. 2020-26815 (85 FR 84472), published December 28, 2020,
make the following corrections:
A. Correction of Errors in the Preamble
1. On page 84503, second column, third bullet, third line, the
number ``994780'' is corrected to read ``99478''.
2. On page 84513 in Table 14: Final Services for Temporary Addition
to the Medicare Telehealth Services List, the second column, the third
row, is corrected by removing the listing for HCPCS code 96121 in the
second and third columns.
3. On page 84516 in Table 14: Final Services for Temporary Addition
to the Medicare Telehealth Services List, the second column, the
second, third, and fourth rows are corrected by removing the listings
for HCPCS codes 99221, 99222, and 99223 in the second and third
columns.
4. On page 84560, Table 23: CY 2020 Work RVUs and CY 2021 Final
Work RVUs, is corrected by removing CPT codes 99492 and 99493 and
adding rows for HCPCS codes G2211 and G2212 to read as follows:
----------------------------------------------------------------------------------------------------------------
CY 2020 work Final CY 2021
HCPCS code Long descriptor RVUs work RVUs
----------------------------------------------------------------------------------------------------------------
G2211.................................. Visit complexity inherent to evaluation N/A 0.33
and management associated with medical
care services that serve as the
continuing focal point for all needed
health care services and/or with
medical care services that are part of
ongoing care related to a patient's
single, serious condition or a complex
condition. (Add-on code, list
separately in addition to office/
outpatient evaluation and management
visit, new or established).
G2212.................................. Prolonged office or other outpatient N/A 0.61
evaluation and management service(s)
beyond the maximum required time of
the primary procedure which has been
selected using total time on the date
of the primary service; each
additional 15 minutes by the physician
or qualified healthcare professional,
with or without direct patient contact
(List separately in addition to CPT
codes 99205, 99215 for office or other
outpatient evaluation and management
services). (Do not report G2212 on the
same date of service as 99354, 99355,
99358, 99359, 99415, 99416). (Do not
report G2212 for any time unit less
than 15 minutes).
----------------------------------------------------------------------------------------------------------------
5. On page 84562, Table 24: Comparison of Physician Time, and
Clinical Staff Time (Non-facility and Facility) for HCPCS Codes, CY
2020 Values vs. 2021 Final Values, is corrected by removing CPT codes
99492 and 99493 and adding rows for HCPCS codes G2211 and G2212 to read
as follows:
--------------------------------------------------------------------------------------------------------------------------------------------------------
NF clinical NF clinical Fac. clinical Fac. clinical
Phys. time Phys. time staff time staff time staff time staff time
HCPCS (minutes)-- CY (minutes)-- CY (minutes)-- CY (minutes)-- CY (minutes)-- CY (minutes)-- CY
2020 2021 final 2020 2021 final 2020 2021 final
--------------------------------------------------------------------------------------------------------------------------------------------------------
G2211................................................... 11 11 0 0 0 0
G2212................................................... 15 15 2 2 0 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 14693]]
6. On page 84665 in Table 28: CY 2021 Work RVUs for New, Revised
and Potentially Misvalued Codes, the second column, the third row, the
phrase ``Take-home supply of auto-injector naloxone'' is corrected to
read ``Take-home supply of injectable naloxone''.
Dated: March 12, 2021.
Wilma M. Robinson,
Deputy Executive Secretary to the Department, Department of Health and
Human Services.
[FR Doc. 2021-05548 Filed 3-16-21; 8:45 am]
BILLING CODE 4120-01-P
