Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and Policy Changes and Fiscal Year 2023 Rates; Quality Programs and Medicare Promoting Interoperability Program Requirements for Eligible Hospitals and Critical Access Hospitals; Costs Incurred for Qualified and Non-Qualified Deferred Compensation Plans; and Changes to Hospital and Critical Access Hospital Conditions of Participation; Correction, 76109-76111 [2022-26986]
Download as PDF
<![CDATA[
Federal Register / Vol. 87, No. 238 / Tuesday, December 13, 2022 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
from sanctions should be provided as
quickly as possible. Therefore, the EPA
is invoking the good cause exception
under the Administrative Procedure Act
(APA) in not providing an opportunity
for comment before this action takes
effect (5 U.S.C. 553(b)(3)). However, by
this action, the EPA is providing the
public with a chance to comment on the
EPA’s determination after the effective
date, and the EPA will consider any
comments received in determining
whether to reverse such action.
The EPA believes that notice-andcomment rulemaking before the
effective date of this action is
impracticable and contrary to the public
interest. The EPA has reviewed the
State’s submittal and, through its
proposed action, is indicating that it is
more likely than not that the State has
submitted a revision to the SIP that
corrects deficiencies under part D of the
Act that were the basis for the action
that started the sanctions clocks.
Therefore, it is not in the public interest
to impose sanctions. The EPA believes
that it is necessary to use the interim
final rulemaking process to defer
sanctions while the EPA completes its
rulemaking process on the approvability
of the State’s submittal. Moreover, with
respect to the effective date of this
action, the EPA is invoking the good
cause exception to the 30-day notice
requirement of the Administrative
Procedures Act because the purpose of
this notice is to relieve a restriction (5
U.S.C. 553(d)(1)).
III. Statutory and Executive Order
Reviews
This action defers sanctions and
imposes no additional requirements. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
VerDate Sep<11>2014
15:53 Dec 12, 2022
Jkt 259001
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• The State did not evaluate
environmental justice considerations as
part of its SIP submittal. There is no
information in the record inconsistent
with the stated goals of E.O 12898 of
achieving environmental justice for
people of color, low-income
populations, and indigenous peoples.
• Is not approved to apply on any
Indian reservation land or in any other
area where the EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
• Is subject to the Congressional
Review Act (CRA), 5 U.S.C. 801 et seq.,
and the EPA will submit a rule report
to each House of the Congress and to the
Comptroller General of the United
States. The CRA allows the issuing
agency to make a rule effective sooner
than otherwise provided by the CRA if
the agency makes a good cause finding
that notice and comment rulemaking
procedures are impracticable,
unnecessary or contrary to the public
interest (5 U.S.C. 808(2)). The EPA has
made a good cause finding for this rule
as discussed in section II of this
preamble, including the basis for that
finding.
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by February 13, 2023. Filing a
petition for reconsideration by the EPA
Administrator of this final rule does not
affect the finality of this rule for the
purpose of judicial review nor does it
extend the time within which petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements (see CAA
section 307(b)(2)).
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
76109
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
oxides, Ozone, Particulate matter,
Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 4, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022–26764 Filed 12–12–22; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 412, 413, 482, 485, and
495
[CMS–1771–CN]
RIN 0938–AU84
Medicare Program; Hospital Inpatient
Prospective Payment Systems for
Acute Care Hospitals and the LongTerm Care Hospital Prospective
Payment System and Policy Changes
and Fiscal Year 2023 Rates; Quality
Programs and Medicare Promoting
Interoperability Program Requirements
for Eligible Hospitals and Critical
Access Hospitals; Costs Incurred for
Qualified and Non-Qualified Deferred
Compensation Plans; and Changes to
Hospital and Critical Access Hospital
Conditions of Participation; Correction
Centers for Medicare &
Medicaid Services (CMS), Department
of Health and Human Services (HHS).
ACTION: Final rule; correction.
AGENCY:
This document corrects
typographical errors in the final rule
that appeared in the August 10, 2022,
Federal Register as well as an
additional typographical error in a
related correcting amendment that
appeared in the November 4, 2022
Federal Register. The final rule was
entitled ‘‘Medicare Program; Hospital
Inpatient Prospective Payment Systems
for Acute Care Hospitals and the Long
Term Care Hospital Prospective
Payment System and Policy Changes
and Fiscal Year 2023 Rates; Quality
Programs and Medicare Promoting
Interoperability Program Requirements
for Eligible Hospitals and Critical
Access Hospitals; Costs Incurred for
Qualified and Non-qualified Deferred
Compensation Plans; and Changes to
SUMMARY:
E:\FR\FM\13DER1.SGM
13DER1
76110
Federal Register / Vol. 87, No. 238 / Tuesday, December 13, 2022 / Rules and Regulations
Hospital and Critical Access Hospital
Conditions of Participation’’.
DATES:
Effective date: This correction is
effective on December 12 2022.
Applicability date: This correction is
applicable for discharges beginning
October 1, 2022.
FOR FURTHER INFORMATION CONTACT:
Donald Thompson, and Michele
Hudson, (410) 786–4487 or DAC@
cms.hhs.gov, Operating Prospective
Payment.
SUPPLEMENTARY INFORMATION:
I. Background
In the final rule which appeared in
the August 10, 2022, Federal Register
(87 FR 48780) entitled ‘‘Medicare
Program; Hospital Inpatient Prospective
Payment Systems for Acute Care
Hospitals and the Long Term Care
Hospital Prospective Payment System
and Policy Changes and Fiscal Year
2023 Rates; Quality Programs and
Medicare Promoting Interoperability
Program Requirements for Eligible
Hospitals and Critical Access Hospitals;
Costs Incurred for Qualified and Nonqualified Deferred Compensation Plans;
and Changes to Hospital and Critical
Access Hospital Conditions of
Participation’’ (hereinafter referred to as
the FY 2023 IPPS/LTCH PPS final rule),
there were a number of technical and
typographical errors. To correct the
typographical and technical errors in
the FY 2023 IPPS/LTCH PPS final rule,
we published a correcting document
that appeared in the November 4, 2022,
Federal Register (87 FR 66558)
(hereinafter referred to as the FY 2023
IPPS/LTCH PPS correcting amendment).
In FR Doc. 2022–24077 of November
4, 2022 (87 FR 66558), there was an
inadvertent omission that is identified
and corrected in this correcting
document. This document also corrects
computational errors in FR Doc. 2022–
48780 of August 10, 2022 (87 FR 48780).
The corrections in this correcting
document are applicable to discharges
occurring on or after October 1, 2022, as
if they had been included in the
document that appeared in the August
10, 2022 Federal Register.
II. Summary of Errors
lotter on DSK11XQN23PROD with RULES1
A. Summary of Errors in the in the FY
2023 IPPS/LTCH PPS Final Rule
On page 49075, in an untitled table
regarding direct graduate medical
education (DGME) Medicare advantage
(MA) payments, we inadvertently made
computational errors in the CY 2020
and CY 2021 figures for ‘‘Percent
Reduction to MA DGME Payments.’’
VerDate Sep<11>2014
15:53 Dec 12, 2022
Jkt 259001
B. Summary of Errors in the FY 2023
IPPS/LTCH PPS Correcting Document
On page 66563 of the FY 2023 IPPS/
LTCH PPS correcting amendment, we
inadvertently omitted a correction to the
outlier fixed-loss cost threshold for FY
2023 on page 49428 of the FY 2023
IPPS/LTCH PPS final rule, to reflect our
recalculation of the outlier fixed-loss
cost threshold.
III. Waiver of Proposed Rulemaking
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
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 final rule
correction does not constitute a rule that
would be subject to the notice and
comment or delayed effective date
requirements. This document corrects
typographical errors in the FY 2023
IPPS/LTCH PPS final rule and the FY
2023 IPPS/LTCH PPS final rule
correcting amendment, but does not
make substantive changes to the policies
or payment methodologies that were
adopted in the final rule. As a result,
this final rule correction is intended to
ensure that the information in the FY
2023 IPPS/LTCH PPS final rule
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
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 2023 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 final rule correction is
intended solely to ensure that the FY
2023 IPPS/LTCH PPS final rule
accurately reflects these payment
methodologies and policies. Therefore,
we believe we have good cause to waive
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
final rule correction for discharges
occurring on or after October 1, 2022,
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 2023
IPPS/LTCH PPS final rule accurately
reflects our policies.
Correction of Errors
A. Correction of Errors in the Final Rule
In FR Doc. 2022–16472 of August 10,
2022 (87 FR 48780), we are making the
following corrections:
1. On page 49075, in the untitled
table, line 8 (‘‘Percent Reduction to MA
DGME Payments’’),
a. Second column (CY 2020), the
figure ‘‘3.71%’’ is corrected to read
‘‘3.73%’’.
b. Fourth column (CY 2021), the
figure ‘‘3.22% ’’ is corrected to read
‘‘3.26%’’.
E:\FR\FM\13DER1.SGM
13DER1
Federal Register / Vol. 87, No. 238 / Tuesday, December 13, 2022 / Rules and Regulations
B. Correction of Errors in the Correcting
Document
In FR Doc. 2022–24077 of November
4, 2022 (87 FR 66558), we are making
the following correction:
3. On page 66563, second column,
after the 14th full paragraph (item (2)(b))
the text is corrected by adding a
paragraph (item (2)(c)) to read as
follows:
‘‘(c) Second full paragraph, line 9, the
figure ‘‘$38,859’’ is corrected to read
‘‘$38,788’’.’’
Elizabeth J. Gramling,
Executive Secretary to the Department,
Department of Health and Human Services.
[FR Doc. 2022–26986 Filed 12–12–22; 8:45 am]
BILLING CODE 4120–01–P
GENERAL SERVICES
ADMINISTRATION
48 CFR Parts 512 and 552
[GSAR Case 2020–G505; Docket No. GSA–
GSAR–2022–0018; Sequence No. 1]
RIN 3090–AK18
General Services Administration
Acquisition Regulation (GSAR); Clarify
Commercial Products and Services
Contract Terms and Conditions
Office of Acquisition Policy,
General Services Administration (GSA).
ACTION: Final rule.
AGENCY:
The General Services
Administration (GSA) is issuing a final
rule amending the General Services
Administration Acquisition Regulation
(GSAR) to make technical amendments
to GSAR clause 552.212–4 regarding
commercial items and its prescribing
section. This GSAR clause is a deviation
to FAR clause 52.212–4. These technical
amendments update obsolete references,
correct typographical errors, and make
minor editorial changes to improve
clarity of GSA’s deviation to FAR clause
52.212–4.
DATES: Effective January 12, 2023.
FOR FURTHER INFORMATION CONTACT: Mr.
Nicholas Giles and Mrs. Johnnie
McDowell, Procurement Analyst, at
202–718–6112, for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat Division at
202–501–4755 or GSARegSec@gsa.gov.
Please cite GSAR Case 2020–G505.
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
I. Background
GSA is amending the GSAR to make
several minor technical amendments to
552.212–4 and its prescribing section to
VerDate Sep<11>2014
15:53 Dec 12, 2022
Jkt 259001
improve clarity of GSA’s Deviation to
the equivalent FAR Commercial Items
Clause. These technical amendments
will assist contracting offices and
contractors with understanding
applicability of GSA’s deviation to their
specific commercial procurement
actions.
II. Authority for This Rulemaking
Title 40 of the United States Code
(U.S.C.) Section 121 authorizes GSA to
issue regulations, including the GSAR,
to control the relationship between GSA
and contractors.
III. Discussion and Analysis
The final rule makes general wording
and cross-reference changes to GSAR
clause 552.212–4 and other related
sections. For example, the final rule
corrects the prescribing section crossreferenced in the introductory text of
GSAR clause 552.212–4 from
‘‘512.301(e)’’, which is now obsolete, to
‘‘512.301(b)’’, which is current. In
addition, the prescribed use of GSAR
clause 552.212–4 is not limited to a
defined circumstance. Therefore, the
final rule removes the term ‘‘Alternate
II’’ and any associated language from
GSAR clause 552.212–4 to clarify the
clause is a ‘‘Deviation’’ as defined and
used by FAR 1.401 and GSAR 501.4,
and not an ‘‘Alternate’’ as defined by
FAR 2.101. Other technical amendments
include minor grammatical corrections
and minor editorial changes to clarify
the applicability of GSA’s Deviation to
FAR clause 52.212–4.
IV. Executive Order 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule is not a significant
regulatory action and, therefore, is not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993.
V. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as amended by the
Small Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a ‘‘major rule’’ may take
effect, the agency promulgating the rule
must submit a rule report, which
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
76111
includes a copy of the rule, to each
House of the Congress and to the
Comptroller General of the United
States. The General Services
Administration will submit a report
containing this rule and other required
information to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This rule is not a
‘‘major rule’’ under 5 U.S.C. 804(2).
VI. Publication for Public Comment Not
Required for This Rulemaking
The statute that applies to the
publication of the GSAR is the Office of
Federal Procurement Policy statute
(codified at title 41 of the United States
Code). Specifically, 41 U.S.C. 1707(a)(1)
requires that a procurement policy,
regulation, procedure or form (including
an amendment or modification thereof)
must be published for public comment
if it relates to the expenditure of
appropriated funds and has either a
significant effect beyond the internal
operating procedures of the agency
issuing the policy, regulation,
procedure, or form, or has a significant
cost or administrative impact on
contractors or offerors. This rule is not
required to be published for public
comment, because GSA is not issuing a
new regulation; rather, this rule merely
makes minor editorial changes to
improve clarity and corrects
typographical errors and outdated crossreferences in the GSAR. The rule does
not expand or shrink the universe of
products or services that the
Government may procure using GSAR
part 552, nor does it change the terms
and conditions vendors must comply
with. This rule does not add any new
solicitation provisions or contract
clauses nor does it add any new burdens
because the case does not add or change
any requirements with which vendors
must comply.
VII. Regulatory Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) does not apply to this
rule, because an opportunity for public
comment is not required to be given for
this rule under 41 U.S.C. 1707(a)(1) (see
Section VI. of this preamble).
Accordingly, no regulatory flexibility
analysis is required, and none has been
prepared.
VIII. Paperwork Reduction Act
The final rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
E:\FR\FM\13DER1.SGM
13DER1
]]>Agencies
[Federal Register Volume 87, Number 238 (Tuesday, December 13, 2022)]
[Rules and Regulations]
[Pages 76109-76111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26986]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 412, 413, 482, 485, and 495
[CMS-1771-CN]
RIN 0938-AU84
Medicare Program; Hospital Inpatient Prospective Payment Systems
for Acute Care Hospitals and the Long-Term Care Hospital Prospective
Payment System and Policy Changes and Fiscal Year 2023 Rates; Quality
Programs and Medicare Promoting Interoperability Program Requirements
for Eligible Hospitals and Critical Access Hospitals; Costs Incurred
for Qualified and Non-Qualified Deferred Compensation Plans; and
Changes to Hospital and Critical Access Hospital Conditions of
Participation; Correction
AGENCY: Centers for Medicare & Medicaid Services (CMS), Department of
Health and Human Services (HHS).
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This document corrects typographical errors in the final rule
that appeared in the August 10, 2022, Federal Register as well as an
additional typographical error in a related correcting amendment that
appeared in the November 4, 2022 Federal Register. The final rule was
entitled ``Medicare Program; Hospital Inpatient Prospective Payment
Systems for Acute Care Hospitals and the Long Term Care Hospital
Prospective Payment System and Policy Changes and Fiscal Year 2023
Rates; Quality Programs and Medicare Promoting Interoperability Program
Requirements for Eligible Hospitals and Critical Access Hospitals;
Costs Incurred for Qualified and Non-qualified Deferred Compensation
Plans; and Changes to
[[Page 76110]]
Hospital and Critical Access Hospital Conditions of Participation''.
DATES:
Effective date: This correction is effective on December 12 2022.
Applicability date: This correction is applicable for discharges
beginning October 1, 2022.
FOR FURTHER INFORMATION CONTACT: Donald Thompson, and Michele Hudson,
(410) 786-4487 or [email protected], Operating Prospective Payment.
SUPPLEMENTARY INFORMATION:
I. Background
In the final rule which appeared in the August 10, 2022, Federal
Register (87 FR 48780) entitled ``Medicare Program; Hospital Inpatient
Prospective Payment Systems for Acute Care Hospitals and the Long Term
Care Hospital Prospective Payment System and Policy Changes and Fiscal
Year 2023 Rates; Quality Programs and Medicare Promoting
Interoperability Program Requirements for Eligible Hospitals and
Critical Access Hospitals; Costs Incurred for Qualified and Non-
qualified Deferred Compensation Plans; and Changes to Hospital and
Critical Access Hospital Conditions of Participation'' (hereinafter
referred to as the FY 2023 IPPS/LTCH PPS final rule), there were a
number of technical and typographical errors. To correct the
typographical and technical errors in the FY 2023 IPPS/LTCH PPS final
rule, we published a correcting document that appeared in the November
4, 2022, Federal Register (87 FR 66558) (hereinafter referred to as the
FY 2023 IPPS/LTCH PPS correcting amendment).
In FR Doc. 2022-24077 of November 4, 2022 (87 FR 66558), there was
an inadvertent omission that is identified and corrected in this
correcting document. This document also corrects computational errors
in FR Doc. 2022-48780 of August 10, 2022 (87 FR 48780). The corrections
in this correcting document are applicable to discharges occurring on
or after October 1, 2022, as if they had been included in the document
that appeared in the August 10, 2022 Federal Register.
II. Summary of Errors
A. Summary of Errors in the in the FY 2023 IPPS/LTCH PPS Final Rule
On page 49075, in an untitled table regarding direct graduate
medical education (DGME) Medicare advantage (MA) payments, we
inadvertently made computational errors in the CY 2020 and CY 2021
figures for ``Percent Reduction to MA DGME Payments.''
B. Summary of Errors in the FY 2023 IPPS/LTCH PPS Correcting Document
On page 66563 of the FY 2023 IPPS/LTCH PPS correcting amendment, we
inadvertently omitted a correction to the outlier fixed-loss cost
threshold for FY 2023 on page 49428 of the FY 2023 IPPS/LTCH PPS final
rule, to reflect our recalculation of the outlier fixed-loss cost
threshold.
III. Waiver of Proposed Rulemaking 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 final rule correction does not constitute a
rule that would be subject to the notice and comment or delayed
effective date requirements. This document corrects typographical
errors in the FY 2023 IPPS/LTCH PPS final rule and the FY 2023 IPPS/
LTCH PPS final rule correcting amendment, but does not make substantive
changes to the policies or payment methodologies that were adopted in
the final rule. As a result, this final rule correction is intended to
ensure that the information in the FY 2023 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 2023 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 final rule correction is
intended solely to ensure that the FY 2023 IPPS/LTCH PPS final rule
accurately reflects these payment methodologies and policies.
Therefore, we believe we have good cause to waive 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 final rule correction for discharges occurring on or after October
1, 2022, 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 2023 IPPS/LTCH PPS final rule accurately reflects
our policies.
Correction of Errors
A. Correction of Errors in the Final Rule
In FR Doc. 2022-16472 of August 10, 2022 (87 FR 48780), we are
making the following corrections:
1. On page 49075, in the untitled table, line 8 (``Percent
Reduction to MA DGME Payments''),
a. Second column (CY 2020), the figure ``3.71%'' is corrected to
read ``3.73%''.
b. Fourth column (CY 2021), the figure ``3.22% '' is corrected to
read ``3.26%''.
[[Page 76111]]
B. Correction of Errors in the Correcting Document
In FR Doc. 2022-24077 of November 4, 2022 (87 FR 66558), we are
making the following correction:
3. On page 66563, second column, after the 14th full paragraph
(item (2)(b)) the text is corrected by adding a paragraph (item (2)(c))
to read as follows:
``(c) Second full paragraph, line 9, the figure ``$38,859'' is
corrected to read ``$38,788''.''
Elizabeth J. Gramling,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2022-26986 Filed 12-12-22; 8:45 am]
BILLING CODE 4120-01-P
