Medicare Program: Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs; Organ Acquisition; Rural Emergency Hospitals: Payment Policies, Conditions of Participation, Provider Enrollment, Physician Self-Referral; New Service Category for Hospital Outpatient Department Prior Authorization Process; Overall Hospital Quality Star Rating; COVID-19; Correction, 297-299 [2022-28517]
Download as PDF
<![CDATA[
Federal Register / Vol. 88, No. 2 / Wednesday, January 4, 2023 / Rules and Regulations
L. CAA Section 307(b)(1)
responsibilities among the various
levels of government.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications as specified in Executive
Order 13175. This action does not apply
on any Indian reservation land, any
other area where the EPA or an Indian
tribe has demonstrated that a tribe has
jurisdiction, or non-reservation areas of
Indian country. Thus, Executive Order
13175 does not apply to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it merely disapproves a SIP
submission as not meeting the CAA.
H. Executive Order 13211, Actions That
Significantly Affect Energy Supply,
Distribution or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act
The EPA believes the human health or
environmental risk addressed by this
action will not have potential
disproportionately high and adverse
human health or environmental effects
on minority, low-income or indigenous
populations. This action merely
disapproves a SIP submission as not
meeting the CAA.
khammond on DSKJM1Z7X2PROD with RULES
K. Congressional Review Act
This action is subject to the
Congressional Review Act, and the EPA
will submit a rule report to each House
of the Congress and to the Comptroller
General of the United States. This action
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
Jkt 259001
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: December 20, 2022.
Meghan A. McCollister,
Regional Administrator, Region 7.
[FR Doc. 2022–28139 Filed 1–3–23; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 405, 410, 411, 412, 413,
416, 419, 424, 485, and 489
Centers for Medicare &
Medicaid Services (CMS), Department
of Health and Human Services (HHS).
ACTION: Final rule with comment period
and final rule; correction.
AGENCY:
This document corrects
technical errors in the final rule with
comment period and final rule that
appeared in the Federal Register on
SUMMARY:
Frm 00009
Fmt 4700
This correction is effective
January 1, 2023.
DATES:
FOR FURTHER INFORMATION CONTACT:
Elise Barringer via email,
Elise.Barringer@cms.hhs.gov or at (410)
786–9222, for general inquiries.
Kianna Banks via email,
Kianna.Banks@cms.hhs.gov or at (410)
786–3498, for issues related to REH
Conditions of Participation (CoP) and
Critical Access Hospital (CAH) CoP
Updates.
Nicole Hilton via email,
Nicole.Hilton@cms.hhs.gov or at (410)
786–1000, for issues related to Rural
Emergency Health Quality Reporting
Program (REHQR).
Terri Postma via email, Terri.Postma@
cms.hhs.gov or at (410) 786–4169, for
issues related to Request for Information
on Use of CMS Data to Drive
Competition in Healthcare
Marketplaces.
I. Background
Medicare Program: Hospital Outpatient
Prospective Payment and Ambulatory
Surgical Center Payment Systems and
Quality Reporting Programs; Organ
Acquisition; Rural Emergency
Hospitals: Payment Policies,
Conditions of Participation, Provider
Enrollment, Physician Self-Referral;
New Service Category for Hospital
Outpatient Department Prior
Authorization Process; Overall
Hospital Quality Star Rating; COVID–
19; Correction
PO 00000
November 23, 2022, titled ‘‘Medicare
Program: Hospital Outpatient
Prospective Payment and Ambulatory
Surgical Center Payment Systems and
Quality Reporting Programs; Organ
Acquisition; Rural Emergency Hospitals:
Payment Policies, Conditions of
Participation, Provider Enrollment,
Physician Self-Referral; New Service
Category for Hospital Outpatient
Department Prior Authorization Process;
Overall Hospital Quality Star Rating;
COVID–19.’’
SUPPLEMENTARY INFORMATION:
RIN 0938–AU82
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
16:08 Jan 03, 2023
List of Subjects in 40 CFR Part 52
[CMS–1772–CN; CMS–3419–CN]
This rulemaking does not involve
technical standards.
VerDate Sep<11>2014
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 March 6, 2023. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a 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 section
307(b)(2)).
297
Sfmt 4700
In the final rule with comment period
and final rule that appeared in the
November 23, 2022 Federal Register (87
FR 71748) titled ‘‘Medicare Program:
Hospital Outpatient Prospective
Payment and Ambulatory Surgical
Center Payment Systems and Quality
Reporting Programs; Organ Acquisition;
Rural Emergency Hospitals: Payment
Policies, Conditions of Participation,
Provider Enrollment, Physician SelfReferral; New Service Category for
Hospital Outpatient Department Prior
Authorization Process; Overall Hospital
Quality Star Rating; COVID–19’’, there
were a number of technical and
typographical errors that are identified
and corrected in this correcting
document. The provisions in this
correction document are effective as if
they had been included in the document
published November 23, 2022.
Accordingly, the corrections are
effective January 1, 2023.
E:\FR\FM\04JAR1.SGM
04JAR1
298
Federal Register / Vol. 88, No. 2 / Wednesday, January 4, 2023 / Rules and Regulations
II. Summary of Errors
A. Summary of Errors in the Preamble
1. Rural Emergency Health Quality
Reporting Program (REHQR)
On pages 72147 and 72148, in the
discussion of ‘‘Comments on Additional
Measurement Topics and for Suggested
Measures for REH Quality Reporting,’’
we are correcting typographical and
technical errors in the footnotes.
2. REH Conditions of Participation (CoP)
and Critical Access Hospital (CAH) CoP
Updates (CMS–3419–F)
On page 72206, in the discussion of
the addition of the definition of
‘‘primary roads’’ to the CAH
requirements at § 485.610(c), we
inadverdently omitted discussion of the
cross-reference making a conforming
change to the requirements at
§ 485.610(e)(2), ‘‘Standard: Off-campus
and co-location requirements for
CAHs’’; therefore, we are adding this
discussion. This standard requires that
if a CAH or a necessary provider CAH
that operates an off-campus providerbased location, excluding an RHC as
defined in § 405.2401(b) of this chapter,
but including a department or remote
location, as defined in § 413.65(a)(2) of
this chapter, or an off-campus distinct
part psychiatric or rehabilitation unit, as
defined in § 485.647, that was created or
acquired by the CAH on or after January
1, 2008, the CAH can continue to meet
the location requirement of paragraph
(c) of this section only if the off-campus
provider-based location or off-campus
distinct part unit is located more than
a 35-mile drive (or, in the case of
mountainous terrain or in areas with
only secondary roads available, a 15mile drive) from a hospital or another
CAH. We are making the conforming
change to note that the 35-mile drive
distance from a hospital or another CAH
is on primary roads.
3. Request for Information (RFI) on Use
of CMS Data To Drive Competition in
Healthcare Marketplaces
khammond on DSKJM1Z7X2PROD with RULES
On page 72224, we incorrectly stated
the number of timely pieces of
correspondence that were submitted in
response to the Competition RFI
questions. We are correcting the number
of timely pieces of correspondence from
‘‘21’’ to ‘‘22’’.
B. Summary of Errors in the Regulations
Text
1. On page 72306, in the REH
regulations at § 485.542 (e), (e)(2), and
(e)(3), we inadvertently used the term
‘‘CAH’’ when we intended to use the
term ‘‘REH.’’
VerDate Sep<11>2014
16:08 Jan 03, 2023
Jkt 259001
2. On page 72307, we intended to
amend § 485.610(e)(2) to incorporate the
phrase ‘‘on primary roads’’ into the
language and to incorporate and crossreference the change made to ‘‘primary
roads’’ finalized at § 485.610(c). This
section requires that the off-campus
provider-based location or off-campus
distinct part unit of the CAH be located
more than a 35-mile drive on primary
roads (or, in the case of mountainous
terrain or in areas with only secondary
roads available, a 15-mile drive) from a
hospital or another CAH. For the
purpose of determining the driving
distance of an off-campus providerbased location or off-campus distinct
part unit of a CAH relative to other
facilities, ‘‘primary roads’’ are defined
as a numbered federal highway,
including interstates, intrastates,
expressways or any other numbered
federal highway with 2 or more lanes
each way; or a numbered State highway
with 2 or more lanes each way. This
technical change to § 485.610(e)(2),
along with the changes made to
§ 485.610(c), provides clarity and
consistency regarding the distance
requirements. Therefore, we are
correcting § 485.610(e)(2) to crossreference the change made at
§ 485.610(c).
3. On page 72307, we inadvertently
labeled amendatory instruction number
‘‘45’’ amendatory instruction ‘‘3’’.
Therefore, we are correcting the
instruction number to read ‘‘45’’. In
addition, instructions ‘‘45 through 52’’
beginning on page 72307 and ending on
page 72309 are corrected to read ‘‘46
through 53’’.
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 proposed rulemaking 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 notice of the proposed
rulemaking in the Federal Register and
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
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
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 sections 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
rulemaking that would be subject to
these requirements. This correcting
document corrects technical and
typographic errors in the preamble,
addenda, payment rates, tables, and
appendices included or referenced in
the CY 2023 OPPS/ASC final rule but
does not make substantive changes to
the policies or payment methodologies
that were adopted in the final rule. As
a result, the corrections made through
this correcting document are intended
to ensure that the information in the CY
2023 OPPS/ASC final rule and the REH
Conditions of Participation (CoP) and
Critical Access Hospital (CAH) CoP
Updates final rule accurately reflect the
policies adopted in those rules.
In addition, even if this were a
rulemaking to which the notice and
comment procedures and delayed
effective date requirements applied, we
find that there is good cause to waive
such requirements. Undertaking further
notice and comment procedures to
incorporate the corrections in this
document into the final rule 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 CY 2023 OPPS/ASC final rule and
the Critical Access Hospital (CAH) CoP
Updates final rule accurately reflect our
policies as of the date they take effect
and are applicable.
Furthermore, such procedures would
be unnecessary, as we are not altering
our payment methodologies or policies,
but rather, we are simply correctly
implementing the policies that we
previously proposed, received comment
on, and subsequently finalized. This
correcting document is intended solely
to ensure that the CY 2023 OPPS/ASC
final rule and the Critical Access
Hospital (CAH) CoP Updates final rule
accurately reflect these payment
methodologies and policies. For these
reasons, we believe we have good cause
E:\FR\FM\04JAR1.SGM
04JAR1
Federal Register / Vol. 88, No. 2 / Wednesday, January 4, 2023 / Rules and Regulations
to waive the notice and comment and
effective date requirements.
khammond on DSKJM1Z7X2PROD with RULES
IV. Correction of Errors
In FR Doc. 2022–23918 of November
23, 2022 (87 FR 71748), make the
following corrections:
A. Correction of Errors in the Preamble
1. On page 72147, third column,
footnote 274 is corrected to read: ‘‘In
Brief, Rural Behavioral Health,
Telehealth Challenges and
Opportunities, SUBSTANCE ABUSE
AND MENTAL HEALTH SERVICES
ADMINISTRATION, (Nov 2016).
https://store.samhsa.gov/product/InBrief-Rural-Behavioral-HealthTelehealth-Challenges-andOpportunities/SMA16-4989.’’.
2. On page 72148, first column,
footnote 277 is corrected to read:
‘‘Centers for Medicare and Medicaid
Services Measures Inventory Tool:
Emergency Department Utilization
(EDU). https://cmit.cms.gov/cmit/#/
MeasureView?variantId=4866&
sectionNumber=1.’’.
3. On page 72148, first column,
footnote 279 is corrected to read: ‘‘AllCause Emergency Department (ED)
Utilization for Medicaid Beneficiaries
Public Comment Framing Document.
https://www.cms.gov/files/document/
all-cause-ed-utilization-medicaidbeneficiaries-measure-framingdocument.pdf.’’
4. On page 72148, third column,
footnote 283 is corrected to read:
‘‘Gabayan, G, et al. (January 17, 2013)
Factors Associated With Short-Term
Bounce-Back Admissions After
Emergency Department Discharge.
Annals of Emergency Medicine, 62(2):
136–144. https://doi.org/10.1016/
j.annemergmed.2013.01.017.’’.
5. On page 72206, under the section
titled ‘‘b. Changes for Critical Access
Hospital Conditions of Participation
(Part 485, Subpart F)’’—
a. First column, the title ‘‘(1)
Conditions of Participation: Status and
Location (§ 485.610(c)’’ is corrected to
read: ‘‘(1) Condition of Participation:
Status and Location (§ 485.610(c) and
485.610(e)(2))’’.
b. Second column, first partial
paragraph, lines 7 through 13, the
sentence ‘‘The current regulatory
requirement at § 485.610(c) sets forth
the distance requirements for CAHs
relative to other CAHs and hospitals,
and specific definitions as related to the
distance requirements are found in the
SOM, Chapter 2, Section 2256A,’’ is
corrected to read, ‘‘The current
regulatory requirement at § 485.610(c)
sets forth the distance requirements for
CAHs relative to other CAHs and
VerDate Sep<11>2014
16:08 Jan 03, 2023
Jkt 259001
hospitals. Additionally, the regulatory
requirement at § 485.610(e)(2) sets forth
the distance requirements for offcampus provider-based locations of the
CAH. Specific definitions as related to
the distance requirements are found in
the SOM, Chapter 2, Section 2256A.’’
6. On page 72224, third column, in
the section titled ‘‘Request for
Information on Use of CMS Data to
Drive Competition in Healthcare
Marketplaces’’, line 6, correct the
number ‘‘21’’ to read ‘‘22’’.
B. Correction of Errors in the
Regulations Text
§ 485.542
[Corrected]
7. On page 72306, first column—
a. Fourth paragraph, ‘‘(e) Emergency
standby and power systems,’’ line 2,
‘‘CAH’’ is corrected to read ‘‘REH’’.
■ b. Sixth paragraph, ‘‘(2) Emergency
generator inspection and testing’’, line
2, ‘‘CAH’’ is corrected to read ‘‘REH’’.
■ c. Seventh paragraph, ‘‘(3) Emergency
generator fuel’’, line 1, ‘‘CAHs’’ is
corrected to read ‘‘REHs’’.
■
■
§ 485.610
[Corrected]
8. On page 72307,
a. Second column, bottom half of the
page, the amendatory instruction ‘‘3.
Section 485.610 is amended by revising
paragraph (c) to read as follows:’’ is
corrected to read:
‘‘45. Section 485.610 is amended by:
■ a. Revising paragraph (c); and
■ b. Amending paragraph (e)(2) by
adding the phrase ‘‘on primary roads, as
defined in paragraph (c)(2) of this
section’’after the phrase ‘‘a 35-mile
drive’’.
The revision reads as follows:’’
■ 9. On pages 72307 through 72309,
Amendatory instructions ‘‘45’’ through
‘‘52’’, appearing in numerical order, are
corrected to read ‘‘46’’ through ‘‘53’’
respectively.
■
■
Elizabeth J. Gramling,
Executive Secretary to the Department,
Department of Health and Human Services.
[FR Doc. 2022–28517 Filed 12–30–22; 11:15 am]
BILLING CODE 4120–01–P
SURFACE TRANSPORTATION BOARD
49 CFR Parts 1002, 1111, 1114 and
1115
[Docket No. EP 755; Docket No. EP 665
(Sub-No. 2)]
Final Offer Rate Review; Expanding
Access to Rate Relief
Surface Transportation Board.
Final rule; termination of
proceeding.
AGENCY:
ACTION:
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
299
The Surface Transportation
Board (STB or Board) is adopting a final
rule in Docket No. EP 755 to establish
a new procedure for challenging the
reasonableness of railroad rates in
smaller cases. Under this rate review
procedure, the Board will decide a case
by selecting either the complainant’s or
the defendant’s final offer, subject to an
expedited procedural schedule that
adheres to firm deadlines. The Board is
also terminating its proceeding in
Docket No. EP 665 (Sub-No. 2).
DATES: The final rule is effective March
6, 2023. The termination of proceeding
is effective on January 3, 2023.
FOR FURTHER INFORMATION CONTACT:
Amy Ziehm at (202) 245–0391.
Assistance for the hearing impaired is
available through the Federal Relay
Service at (800) 877–8339.
SUPPLEMENTARY INFORMATION: In January
2018, the Board established its Rate
Reform Task Force (RRTF), with the
objectives of developing
recommendations to reform and
streamline the Board’s rate review
processes for large cases and
determining how to best provide a rate
review process for smaller cases. After
holding informal meetings throughout
2018, the RRTF issued a report on April
25, 2019 (RRTF Report).1 Among other
recommendations, the RRTF included a
proposal for a final offer procedure,
which it described as ‘‘an administrative
approach that would take advantage of
procedural limitations, rather than
substantive limitations, to constrain the
cost and complexity of a rate
reasonableness case.’’ RRTF Rep. 12.
Versions of a final offer process for rate
review have also been recommended by
the U.S. Department of Agriculture
(USDA) and a committee of the
Transportation Research Board (TRB).
In a notice of proposed rulemaking
issued on September 12, 2019, the
Board proposed to build on the RRTF
recommendation and establish a new
rate case procedure for smaller cases,
the Final Offer Rate Review (FORR)
procedure. Final Offer Rate Rev.
(NPRM), EP 755 et al. (STB served Sept.
12, 2019).2
The Board received numerous
comments on the NPRM. By decision
served on May 15, 2020, to permit
informal discussions with stakeholders,
the Board waived the general
prohibition on ex parte communications
between June 1, 2020, and July 15, 2020.
SUMMARY:
1 The RRTF Report was posted on the Board’s
website on April 29, 2019, and can be accessed at
https://www.stb.gov/stb/rail/Rate_Reform_Task_
Force_Report.pdf.
2 The NPRM was published in the Federal
Register, 84 FR 48872 (Sept. 17, 2019).
E:\FR\FM\04JAR1.SGM
04JAR1
]]>Agencies
[Federal Register Volume 88, Number 2 (Wednesday, January 4, 2023)]
[Rules and Regulations]
[Pages 297-299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28517]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 405, 410, 411, 412, 413, 416, 419, 424, 485, and 489
[CMS-1772-CN; CMS-3419-CN]
RIN 0938-AU82
Medicare Program: Hospital Outpatient Prospective Payment and
Ambulatory Surgical Center Payment Systems and Quality Reporting
Programs; Organ Acquisition; Rural Emergency Hospitals: Payment
Policies, Conditions of Participation, Provider Enrollment, Physician
Self-Referral; New Service Category for Hospital Outpatient Department
Prior Authorization Process; Overall Hospital Quality Star Rating;
COVID-19; Correction
AGENCY: Centers for Medicare & Medicaid Services (CMS), Department of
Health and Human Services (HHS).
ACTION: Final rule with comment period and final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This document corrects technical errors in the final rule with
comment period and final rule that appeared in the Federal Register on
November 23, 2022, titled ``Medicare Program: Hospital Outpatient
Prospective Payment and Ambulatory Surgical Center Payment Systems and
Quality Reporting Programs; Organ Acquisition; Rural Emergency
Hospitals: Payment Policies, Conditions of Participation, Provider
Enrollment, Physician Self-Referral; New Service Category for Hospital
Outpatient Department Prior Authorization Process; Overall Hospital
Quality Star Rating; COVID-19.''
DATES: This correction is effective January 1, 2023.
FOR FURTHER INFORMATION CONTACT:
Elise Barringer via email, [email protected] or at (410)
786-9222, for general inquiries.
Kianna Banks via email, [email protected] or at (410) 786-
3498, for issues related to REH Conditions of Participation (CoP) and
Critical Access Hospital (CAH) CoP Updates.
Nicole Hilton via email, [email protected] or at (410) 786-
1000, for issues related to Rural Emergency Health Quality Reporting
Program (REHQR).
Terri Postma via email, [email protected] or at (410) 786-
4169, for issues related to Request for Information on Use of CMS Data
to Drive Competition in Healthcare Marketplaces.
SUPPLEMENTARY INFORMATION:
I. Background
In the final rule with comment period and final rule that appeared
in the November 23, 2022 Federal Register (87 FR 71748) titled
``Medicare Program: Hospital Outpatient Prospective Payment and
Ambulatory Surgical Center Payment Systems and Quality Reporting
Programs; Organ Acquisition; Rural Emergency Hospitals: Payment
Policies, Conditions of Participation, Provider Enrollment, Physician
Self-Referral; New Service Category for Hospital Outpatient Department
Prior Authorization Process; Overall Hospital Quality Star Rating;
COVID-19'', there were a number of technical and typographical errors
that are identified and corrected in this correcting document. The
provisions in this correction document are effective as if they had
been included in the document published November 23, 2022. Accordingly,
the corrections are effective January 1, 2023.
[[Page 298]]
II. Summary of Errors
A. Summary of Errors in the Preamble
1. Rural Emergency Health Quality Reporting Program (REHQR)
On pages 72147 and 72148, in the discussion of ``Comments on
Additional Measurement Topics and for Suggested Measures for REH
Quality Reporting,'' we are correcting typographical and technical
errors in the footnotes.
2. REH Conditions of Participation (CoP) and Critical Access Hospital
(CAH) CoP Updates (CMS-3419-F)
On page 72206, in the discussion of the addition of the definition
of ``primary roads'' to the CAH requirements at Sec. 485.610(c), we
inadverdently omitted discussion of the cross-reference making a
conforming change to the requirements at Sec. 485.610(e)(2),
``Standard: Off-campus and co-location requirements for CAHs'';
therefore, we are adding this discussion. This standard requires that
if a CAH or a necessary provider CAH that operates an off-campus
provider-based location, excluding an RHC as defined in Sec.
405.2401(b) of this chapter, but including a department or remote
location, as defined in Sec. 413.65(a)(2) of this chapter, or an off-
campus distinct part psychiatric or rehabilitation unit, as defined in
Sec. 485.647, that was created or acquired by the CAH on or after
January 1, 2008, the CAH can continue to meet the location requirement
of paragraph (c) of this section only if the off-campus provider-based
location or off-campus distinct part unit is located more than a 35-
mile drive (or, in the case of mountainous terrain or in areas with
only secondary roads available, a 15-mile drive) from a hospital or
another CAH. We are making the conforming change to note that the 35-
mile drive distance from a hospital or another CAH is on primary roads.
3. Request for Information (RFI) on Use of CMS Data To Drive
Competition in Healthcare Marketplaces
On page 72224, we incorrectly stated the number of timely pieces of
correspondence that were submitted in response to the Competition RFI
questions. We are correcting the number of timely pieces of
correspondence from ``21'' to ``22''.
B. Summary of Errors in the Regulations Text
1. On page 72306, in the REH regulations at Sec. 485.542 (e),
(e)(2), and (e)(3), we inadvertently used the term ``CAH'' when we
intended to use the term ``REH.''
2. On page 72307, we intended to amend Sec. 485.610(e)(2) to
incorporate the phrase ``on primary roads'' into the language and to
incorporate and cross-reference the change made to ``primary roads''
finalized at Sec. 485.610(c). This section requires that the off-
campus provider-based location or off-campus distinct part unit of the
CAH be located more than a 35-mile drive on primary roads (or, in the
case of mountainous terrain or in areas with only secondary roads
available, a 15-mile drive) from a hospital or another CAH. For the
purpose of determining the driving distance of an off-campus provider-
based location or off-campus distinct part unit of a CAH relative to
other facilities, ``primary roads'' are defined as a numbered federal
highway, including interstates, intrastates, expressways or any other
numbered federal highway with 2 or more lanes each way; or a numbered
State highway with 2 or more lanes each way. This technical change to
Sec. 485.610(e)(2), along with the changes made to Sec. 485.610(c),
provides clarity and consistency regarding the distance requirements.
Therefore, we are correcting Sec. 485.610(e)(2) to cross-reference the
change made at Sec. 485.610(c).
3. On page 72307, we inadvertently labeled amendatory instruction
number ``45'' amendatory instruction ``3''. Therefore, we are
correcting the instruction number to read ``45''. In addition,
instructions ``45 through 52'' beginning on page 72307 and ending on
page 72309 are corrected to read ``46 through 53''.
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 proposed rulemaking 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 notice of the proposed rulemaking in
the Federal Register and 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 sections 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
rulemaking that would be subject to these requirements. This correcting
document corrects technical and typographic errors in the preamble,
addenda, payment rates, tables, and appendices included or referenced
in the CY 2023 OPPS/ASC final rule but does not make substantive
changes to the policies or payment methodologies that were adopted in
the final rule. As a result, the corrections made through this
correcting document are intended to ensure that the information in the
CY 2023 OPPS/ASC final rule and the REH Conditions of Participation
(CoP) and Critical Access Hospital (CAH) CoP Updates final rule
accurately reflect the policies adopted in those rules.
In addition, even if this were a rulemaking to which the notice and
comment procedures and delayed effective date requirements applied, we
find that there is good cause to waive such requirements. Undertaking
further notice and comment procedures to incorporate the corrections in
this document into the final rule 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 CY 2023 OPPS/ASC final rule
and the Critical Access Hospital (CAH) CoP Updates final rule
accurately reflect our policies as of the date they take effect and are
applicable.
Furthermore, such procedures would be unnecessary, as we are not
altering our payment methodologies or policies, but rather, we are
simply correctly implementing the policies that we previously proposed,
received comment on, and subsequently finalized. This correcting
document is intended solely to ensure that the CY 2023 OPPS/ASC final
rule and the Critical Access Hospital (CAH) CoP Updates final rule
accurately reflect these payment methodologies and policies. For these
reasons, we believe we have good cause
[[Page 299]]
to waive the notice and comment and effective date requirements.
IV. Correction of Errors
In FR Doc. 2022-23918 of November 23, 2022 (87 FR 71748), make the
following corrections:
A. Correction of Errors in the Preamble
1. On page 72147, third column, footnote 274 is corrected to read:
``In Brief, Rural Behavioral Health, Telehealth Challenges and
Opportunities, SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
ADMINISTRATION, (Nov 2016). https://store.samhsa.gov/product/In-Brief-Rural-Behavioral-Health-Telehealth-Challenges-and-Opportunities/SMA16-4989.''.
2. On page 72148, first column, footnote 277 is corrected to read:
``Centers for Medicare and Medicaid Services Measures Inventory Tool:
Emergency Department Utilization (EDU). https://cmit.cms.gov/cmit/#/MeasureView?variantId=4866§ionNumber=1.''.
3. On page 72148, first column, footnote 279 is corrected to read:
``All-Cause Emergency Department (ED) Utilization for Medicaid
Beneficiaries Public Comment Framing Document. https://www.cms.gov/files/document/all-cause-ed-utilization-medicaid-beneficiaries-measure-framing-document.pdf.''
4. On page 72148, third column, footnote 283 is corrected to read:
``Gabayan, G, et al. (January 17, 2013) Factors Associated With
Short-Term Bounce-Back Admissions After Emergency Department Discharge.
Annals of Emergency Medicine, 62(2): 136-144. https://doi.org/10.1016/j.annemergmed.2013.01.017.''.
5. On page 72206, under the section titled ``b. Changes for
Critical Access Hospital Conditions of Participation (Part 485, Subpart
F)''--
a. First column, the title ``(1) Conditions of Participation:
Status and Location (Sec. 485.610(c)'' is corrected to read: ``(1)
Condition of Participation: Status and Location (Sec. 485.610(c) and
485.610(e)(2))''.
b. Second column, first partial paragraph, lines 7 through 13, the
sentence ``The current regulatory requirement at Sec. 485.610(c) sets
forth the distance requirements for CAHs relative to other CAHs and
hospitals, and specific definitions as related to the distance
requirements are found in the SOM, Chapter 2, Section 2256A,'' is
corrected to read, ``The current regulatory requirement at Sec.
485.610(c) sets forth the distance requirements for CAHs relative to
other CAHs and hospitals. Additionally, the regulatory requirement at
Sec. 485.610(e)(2) sets forth the distance requirements for off-campus
provider-based locations of the CAH. Specific definitions as related to
the distance requirements are found in the SOM, Chapter 2, Section
2256A.''
6. On page 72224, third column, in the section titled ``Request for
Information on Use of CMS Data to Drive Competition in Healthcare
Marketplaces'', line 6, correct the number ``21'' to read ``22''.
B. Correction of Errors in the Regulations Text
Sec. 485.542 [Corrected]
0
7. On page 72306, first column--
0
a. Fourth paragraph, ``(e) Emergency standby and power systems,'' line
2, ``CAH'' is corrected to read ``REH''.
0
b. Sixth paragraph, ``(2) Emergency generator inspection and testing'',
line 2, ``CAH'' is corrected to read ``REH''.
0
c. Seventh paragraph, ``(3) Emergency generator fuel'', line 1,
``CAHs'' is corrected to read ``REHs''.
Sec. 485.610 [Corrected]
0
8. On page 72307,
0
a. Second column, bottom half of the page, the amendatory instruction
``3. Section 485.610 is amended by revising paragraph (c) to read as
follows:'' is corrected to read:
``45. Section 485.610 is amended by:
0
a. Revising paragraph (c); and
0
b. Amending paragraph (e)(2) by adding the phrase ``on primary roads,
as defined in paragraph (c)(2) of this section''after the phrase ``a
35-mile drive''.
The revision reads as follows:''
0
9. On pages 72307 through 72309, Amendatory instructions ``45'' through
``52'', appearing in numerical order, are corrected to read ``46''
through ``53'' respectively.
Elizabeth J. Gramling,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2022-28517 Filed 12-30-22; 11:15 am]
BILLING CODE 4120-01-P
