Medicare Program; Calendar Year (CY) 2024 Home Health (HH) Prospective Payment System Rate Update; HH Quality Reporting Program Requirements; HH Value-Based Purchasing Expanded Model Requirements; Home Intravenous Immune Globulin Items and Services; Hospice Informal Dispute Resolution and Special Focus Program Requirements, Certain Requirements for Durable Medical Equipment Prosthetics and Orthotics Supplies; and Provider and Supplier Enrollment Requirements; Correction, 6019-6021 [2024-01094]

Download as PDF 6019 Federal Register / Vol. 89, No. 21 / Wednesday, January 31, 2024 / Rules and Regulations TABLE 1 TO PARAGRAPH (a) Pesticide chemical CAS reg. No. * * * Ortho-benzyl-para-chlorophenol ................................... 120–32–1 * * * Potassium 2-benzyl-4-chlorophenate ........................... 35471–49–9 * * * Sodium 2-benzyl-4-chlorophenate ................................ 3184–65–4 * * * * * * * * [FR Doc. 2024–01869 Filed 1–30–24; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Parts 409, 410, 414, 424, 484, 488, and 489 [CMS–1780–CN] RIN 0938–AV03 Medicare Program; Calendar Year (CY) 2024 Home Health (HH) Prospective Payment System Rate Update; HH Quality Reporting Program Requirements; HH Value-Based Purchasing Expanded Model Requirements; Home Intravenous Immune Globulin Items and Services; Hospice Informal Dispute Resolution and Special Focus Program Requirements, Certain Requirements for Durable Medical Equipment Prosthetics and Orthotics Supplies; and Provider and Supplier Enrollment Requirements; Correction Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS). ACTION: Final rule; correction. AGENCY: This document corrects technical errors in the final rule that appeared in the November 13, 2023 Federal Register titled ‘‘Medicare Program; Calendar Year (CY) 2024 Home Health (HH) Prospective Payment System Rate Update; HH Quality Reporting Program Requirements; HH Value-Based Purchasing Expanded Model Requirements; Home Intravenous Immune Globulin Items and Services; Hospice Informal Dispute Resolution lotter on DSK11XQN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 15:52 Jan 30, 2024 Jkt 262001 Limits * * * * When ready for use, the end-use concentration is not to exceed 2080 ppm. * * * * When ready for use, the end-use concentration is not to exceed 2080 ppm. * * * * When ready for use, the end-use concentration is not to exceed 2080 ppm. * * and Special Focus Program Requirements, Certain Requirements for Durable Medical Equipment Prosthetics and Orthotics Supplies; and Provider and Supplier Enrollment Requirements’’ (referred to hereafter as the ‘‘CY 2024 HH PPS final rule’’). DATES: Effective date: This correcting document is effective January 31, 2024. FOR FURTHER INFORMATION CONTACT: For questions about the Home Health Quality Reporting Program (HH QRP), send your inquiry via email to HHQRPquestions@cms.hhs.gov. For questions about the expanded Home Health Value-Based Purchasing Model, please visit the Expanded HHVBP Model web page at https:// innovation.cms.gov/innovation-models/ expanded-home-health-value-basedpurchasing-model; send your inquiry via email to HHVBPquestions@ cms.hhs.gov; or call Marcie O’Reilly at (410) 786–9764. For questions about the hospice informal dispute resolution send inquiries to QSOG_Hospice@ cms.hhs.gov, and for the special focus program, send your inquiry to CMS_ HospiceSFP@cms.hhs.gov, or call Thomas Pryor at (410) 786–1332. SUPPLEMENTARY INFORMATION: I. Background This correcting document identifies and corrects errors in FR Doc. 2023– 24455 of November 13, 2023 (88 FR 77676). The corrections in this correcting document are effective January 1, 2024, as if they had been included in the document that appeared in the November 13, 2023, Federal Register. II. Summary of Errors On pages 77680, 77761, 77767, and 77851 in our discussion of the Home Health Quality Reporting Program (HH QRP), we made several typographical errors. PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 * * On pages 77778 and 77779, in a table regarding the proposed measures for the Home Health Value-Based Purchasing Model (HHVBP), we made typographical and technical errors. On pages 77801, 77802, and 77807, in our discussion of the Hospice Informal Dispute Resolution and Special Focus Program, we made several typographical and technical errors. We are correcting these errors in section IV. of this correcting document. 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 Social Security Act (the Act) requires the Secretary to provide for notice of the proposed rulemaking in the Federal Register and provide a period of not less than 60 days for public comment. In addition, section 553(d) of the APA, 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 E:\FR\FM\31JAR1.SGM 31JAR1 6020 Federal Register / Vol. 89, No. 21 / Wednesday, January 31, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES1 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 technical errors in the preamble of the CY 2024 HH PPS final rule but does not make substantive changes to the policies or payment methodologies that were adopted in the final rule. As a result, this final rule correction is intended to ensure that the information in the CY 2024 HH 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 information regarding the relevant Medicare payment policy in as timely a VerDate Sep<11>2014 15:52 Jan 30, 2024 Jkt 262001 manner as possible, and to ensure that the CY 2024 HH 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 CY 2024 HH 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 changes effective on January 1, 2024, because it is in the public’s interest for providers to receive information regarding the relevant Medicare payment policy in as PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 timely a manner as possible, and to ensure that the CY 2024 HH PPS final rule accurately reflects our policies. IV. Correction of Errors In FR Doc. 2023–24455 of November 13, 2023 (88 FR 77676), make the following corrections: 1. On page 77680, top of the page, the table titled ‘‘Table Al: Summary of Costs, Transfers, and Benefits’’, second row (HH QRP), third column (Transfers), line 6, the phrase ‘‘M2220— Therapy Needs’’ is corrected to read ‘‘M2200—Therapy Need’’. 2. On page 77761, first column, second full paragraph, line 6, the date ‘‘April 1, 2024’’ is corrected to read ‘‘April 1, 2023’’. 3. On page 77767, in the third column, a. First partial paragraph, line 7, the date ‘‘April 1, 2024’’ is corrected to read ‘‘April 1, 2023’’. b. First full paragraph, line 6, the date ‘‘April 1, 2024’’ is corrected to read ‘‘April 1, 2023’’. 4. On page 77778, in the table titled ‘‘TABLE D2: PROPOSED MEASURE SET FOR THE EXPANDED HHVBP MODEL’’, columns 3 (Numerator) and 4 (Denominator) for the listed entries are corrected to read as follows: BILLING CODE 4120–01–P E:\FR\FM\31JAR1.SGM 31JAR1 Federal Register / Vol. 89, No. 21 / Wednesday, January 31, 2024 / Rules and Regulations 6021 TABLE D2: PROPOSED MEASURE SET FOR THE EXPANDED HHVBP MODEL Measure Full Title/Short Form Name (if applicable) Measure Type Data Source Numerator Denominator The risk-adjusted prediction of the number ofHH stays with at least one potentially preventable hospitalization (that is, in an ACH/L TCH) or observation stay. For PPH, an HH stay is a sequence ofHH payment episodes separated by 2 or fewer days. A separation between HH payment episodes greater than 2 days results in separate HH stays. The risk-adjusted expected number of hospitalizations or observation stays. This estimate includes risk adjustment for patient characteristics with the HHA effect removed. The "expected" number of hospitalizations or observation stays is the projected number of risk-adjusted hospitalizations or observation stays if the same patients were treated at the average HHA appropriate to the measure. Numerator over denominator times the national observed PPH rate equals the reported risk-standardized rate. The risk-adjusted expected number of discharges to community. This estimate includes risk adjustment for patient characteristics with the HHA effect removed. The "expected" number of discharges to community is the predicted number ofrisk-adjusted discharges to community if the same patients were treated at the average HHA appropriate to the measure. Numerator over denominator times the national observed DTC-PAC rate equals the reported risk-standardized rate. Current Proposed ******* Home Health Within-Stay Potentially Preventable Hospitalization/PPH3 Discharge to Community/DTC-PAC 4 Outcome Outcome CCW (Claims) CCW (Claims) The risk-adjusted estimate of the number ofHH stays resulting in a discharge to the community (Patient Discharge Status codes equal to O1 or 81 ), without an unplanned admission to an ACH/L TCH or death in the 31-day post-discharge observation window. For DTC-PAC, an HH stay is a sequence ofHH payment episodes separated by 2 or fewer days. A separation between HH payment episodes greater than 2 days results in separate HH stays. X X ******* 5. On page 77779, following the table titled ‘‘Table D2: Proposed Measure Set for the Expanded HHVBP Model’’, table note 3 ‘‘ 3 https://www.cms.gov/files/ document/hh-qrp-specifications potentiallypreventablehospitalizations. pdf’’ is corrected to read ‘‘ 3 https:// www.cms.gov/files/document/homehealth-outcome-measures-table-oasise2023.pdf’’. 6. On page 77801, first column, first partial paragraph, line 4, the phrase ‘‘the iQIES).’’ is corrected to read ‘‘the iQIES.’’. 7. On page 77802, a. First column, first full paragraph, line 32, the phrase ‘‘ ‘Sometimes’;’’ is corrected to read ‘‘ ‘Sometimes’.’’. b. Second column, first full paragraph, line 11, the phrase ‘‘top-box option: 9–10)’’ is corrected to read ‘‘topbox options: 9–10)’’. 8. On page 77807, second column, second full paragraph, line 5, the term ‘‘BBVs’’ is corrected to read ‘‘bottombox scores’’. VerDate Sep<11>2014 15:52 Jan 30, 2024 Jkt 262001 9. On page 77851, top half of the page, first column, sixth full paragraph, lines 6 and 7, the date ‘‘April 1, 2024’’ is corrected to read ‘‘April 1, 2023,’’. Elizabeth J. Gramling, Executive Secretary, Department of Health and Human Services. [FR Doc. 2024–01094 Filed 1–30–24; 8:45 am] FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 54 [WC Docket No. 10–90; FCC 23–118; FR ID 198698] Connect America Fund Federal Communications Commission. ACTION: Final action. AGENCY: In this document, the Federal Communications Commission (FCC or SUMMARY: Frm 00015 Fmt 4700 The Commission defers the commencement of the next five-year deployment obligation term for legacy rate-of-return carriers receiving CAF BLS in 2024 effective January 31, 2024. FOR FURTHER INFORMATION CONTACT: For further information, please contact, William Layton, Attorney Advisor, Telecommunications Access Policy Division, Wireline Competition Bureau, at William.Layton@fcc.gov or 202–418– 7400. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Second Report and Order (Order) in WC Docket No. 10–90; adopted on December 26, 2023, and released on December 27, DATES: BILLING CODE 4120–01–C PO 00000 Commission) defers the commencement of the next five-year deployment obligation term for legacy rate-of-return carriers receiving Connect America Fund Broadband Loop Support (CAF BLS) in 2024 until January 1, 2025, while it considers general program reforms. Sfmt 4700 E:\FR\FM\31JAR1.SGM 31JAR1 ER31JA24.077</GPH> lotter on DSK11XQN23PROD with RULES1 Notes: 3 https://www.cms.gov/files/document/hh-qrpspecificationspotentiallypreventablehospitalizations.pdf 4 https://www.cms.gov/files/document/home-health-outcome-measures-table-oasis-e2023.pdf

Agencies

[Federal Register Volume 89, Number 21 (Wednesday, January 31, 2024)]
[Rules and Regulations]
[Pages 6019-6021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01094]


=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 409, 410, 414, 424, 484, 488, and 489

[CMS-1780-CN]
RIN 0938-AV03


Medicare Program; Calendar Year (CY) 2024 Home Health (HH) 
Prospective Payment System Rate Update; HH Quality Reporting Program 
Requirements; HH Value-Based Purchasing Expanded Model Requirements; 
Home Intravenous Immune Globulin Items and Services; Hospice Informal 
Dispute Resolution and Special Focus Program Requirements, Certain 
Requirements for Durable Medical Equipment Prosthetics and Orthotics 
Supplies; and Provider and Supplier Enrollment Requirements; Correction

AGENCY: Centers for Medicare & Medicaid Services (CMS), Department of 
Health and Human Services (HHS).

ACTION: Final rule; correction.

-----------------------------------------------------------------------

SUMMARY: This document corrects technical errors in the final rule that 
appeared in the November 13, 2023 Federal Register titled ``Medicare 
Program; Calendar Year (CY) 2024 Home Health (HH) Prospective Payment 
System Rate Update; HH Quality Reporting Program Requirements; HH 
Value-Based Purchasing Expanded Model Requirements; Home Intravenous 
Immune Globulin Items and Services; Hospice Informal Dispute Resolution 
and Special Focus Program Requirements, Certain Requirements for 
Durable Medical Equipment Prosthetics and Orthotics Supplies; and 
Provider and Supplier Enrollment Requirements'' (referred to hereafter 
as the ``CY 2024 HH PPS final rule'').

DATES: Effective date: This correcting document is effective January 
31, 2024.

FOR FURTHER INFORMATION CONTACT: For questions about the Home Health 
Quality Reporting Program (HH QRP), send your inquiry via email to 
[email protected].
    For questions about the expanded Home Health Value-Based Purchasing 
Model, please visit the Expanded HHVBP Model web page at https://innovation.cms.gov/innovation-models/expanded-home-health-value-based-purchasing-model; send your inquiry via email to 
[email protected]; or call Marcie O'Reilly at (410) 786-9764.
    For questions about the hospice informal dispute resolution send 
inquiries to [email protected], and for the special focus 
program, send your inquiry to [email protected], or call 
Thomas Pryor at (410) 786-1332.

SUPPLEMENTARY INFORMATION:

I. Background

    This correcting document identifies and corrects errors in FR Doc. 
2023-24455 of November 13, 2023 (88 FR 77676). The corrections in this 
correcting document are effective January 1, 2024, as if they had been 
included in the document that appeared in the November 13, 2023, 
Federal Register.

II. Summary of Errors

    On pages 77680, 77761, 77767, and 77851 in our discussion of the 
Home Health Quality Reporting Program (HH QRP), we made several 
typographical errors.
    On pages 77778 and 77779, in a table regarding the proposed 
measures for the Home Health Value-Based Purchasing Model (HHVBP), we 
made typographical and technical errors.
    On pages 77801, 77802, and 77807, in our discussion of the Hospice 
Informal Dispute Resolution and Special Focus Program, we made several 
typographical and technical errors.
    We are correcting these errors in section IV. of this correcting 
document.

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 Social Security Act (the Act) 
requires the Secretary to provide for notice of the proposed rulemaking 
in the Federal Register and provide a period of not less than 60 days 
for public comment. In addition, section 553(d) of the APA, 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

[[Page 6020]]

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 technical errors in 
the preamble of the CY 2024 HH PPS final rule but does not make 
substantive changes to the policies or payment methodologies that were 
adopted in the final rule. As a result, this final rule correction is 
intended to ensure that the information in the CY 2024 HH 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 information regarding the relevant 
Medicare payment policy in as timely a manner as possible, and to 
ensure that the CY 2024 HH 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 CY 
2024 HH 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 changes effective on January 1, 2024, 
because it is in the public's interest for providers to receive 
information regarding the relevant Medicare payment policy in as timely 
a manner as possible, and to ensure that the CY 2024 HH PPS final rule 
accurately reflects our policies.

IV. Correction of Errors

    In FR Doc. 2023-24455 of November 13, 2023 (88 FR 77676), make the 
following corrections:
    1. On page 77680, top of the page, the table titled ``Table Al: 
Summary of Costs, Transfers, and Benefits'', second row (HH QRP), third 
column (Transfers), line 6, the phrase ``M2220--Therapy Needs'' is 
corrected to read ``M2200--Therapy Need''.
    2. On page 77761, first column, second full paragraph, line 6, the 
date ``April 1, 2024'' is corrected to read ``April 1, 2023''.
    3. On page 77767, in the third column,
    a. First partial paragraph, line 7, the date ``April 1, 2024'' is 
corrected to read ``April 1, 2023''.
    b. First full paragraph, line 6, the date ``April 1, 2024'' is 
corrected to read ``April 1, 2023''.
    4. On page 77778, in the table titled ``TABLE D2: PROPOSED MEASURE 
SET FOR THE EXPANDED HHVBP MODEL'', columns 3 (Numerator) and 4 
(Denominator) for the listed entries are corrected to read as follows:
BILLING CODE 4120-01-P

[[Page 6021]]

[GRAPHIC] [TIFF OMITTED] TR31JA24.077

    5. On page 77779, following the table titled ``Table D2: Proposed 
Measure Set for the Expanded HHVBP Model'', table note 3 `` \3\ https://www.cms.gov/files/document/hh-qrp-specificationspotentiallypreventablehospitalizations.pdf'' is corrected 
to read `` \3\ https://www.cms.gov/files/document/home-health-outcome-measures-table-oasis-e2023.pdf''.
    6. On page 77801, first column, first partial paragraph, line 4, 
the phrase ``the iQIES).'' is corrected to read ``the iQIES.''.
    7. On page 77802,
    a. First column, first full paragraph, line 32, the phrase `` 
`Sometimes';'' is corrected to read `` `Sometimes'.''.
    b. Second column, first full paragraph, line 11, the phrase ``top-
box option: 9-10)'' is corrected to read ``top-box options: 9-10)''.
    8. On page 77807, second column, second full paragraph, line 5, the 
term ``BBVs'' is corrected to read ``bottom-box scores''.
    9. On page 77851, top half of the page, first column, sixth full 
paragraph, lines 6 and 7, the date ``April 1, 2024'' is corrected to 
read ``April 1, 2023,''.

Elizabeth J. Gramling,
Executive Secretary, Department of Health and Human Services.
[FR Doc. 2024-01094 Filed 1-30-24; 8:45 am]
BILLING CODE 4120-01-C
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