Medicare and Medicaid Programs; CY 2024 Payment Policies Under the Physician Fee Schedule and Other Changes to Part B Payment and Coverage Policies; Medicare Shared Savings Program Requirements; Medicare Advantage; Medicare and Medicaid Provider and Supplier Enrollment Policies; and Basic Health Program; Corrections, 9776-9784 [2024-02705]
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9776
Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Rules and Regulations
and pests, Reporting and recordkeeping
requirements.
Dated: January 29, 2024.
Edward Messina,
Director, Office of Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
PART 180—TOLERANCES AND
EXEMPTIONS FOR PESTICIDE
CHEMICAL RESIDUES IN FOOD
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Add § 180.1406 to subpart D to read
as follows:
■
§ 180.1406 U1-AGTX-Ta1b-QA protein;
exemption from the requirement of a
tolerance.
An exemption from the requirement
of a tolerance is established for residues
of U1-AGTX-Ta1b-QA protein in or on
all food commodities when used in
accordance with label directions and
good agricultural practices.
[FR Doc. 2024–02787 Filed 2–9–24; 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, 414, 415,
418, 422, 423, 424, 425, 455, 489, 491,
495, 498, and 600
[CMS–1784–F2]
RIN 0938–AV07
Medicare and Medicaid Programs; CY
2024 Payment Policies Under the
Physician Fee Schedule and Other
Changes to Part B Payment and
Coverage Policies; Medicare Shared
Savings Program Requirements;
Medicare Advantage; Medicare and
Medicaid Provider and Supplier
Enrollment Policies; and Basic Health
Program; Corrections
Centers for Medicare &
Medicaid Services (CMS), Department
of Health and Human Services (HHS).
ACTION: Final rule; correction and
correcting amendment.
khammond on DSKJM1Z7X2PROD with RULES
AGENCY:
This document corrects
technical and typographical errors in
the final rule that appeared in the
November 16, 2023 issue of the Federal
Register, entitled ‘‘Medicare and
Medicaid Programs; CY 2024 Payment
Policies Under the Physician Fee
SUMMARY:
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Schedule and Other Changes to Part B
Payment and Coverage Policies;
Medicare Shared Savings Program
Requirements; Medicare Advantage;
Medicare and Medicaid Provider and
Supplier Enrollment Policies; and Basic
Health Program’’ (referred to hereafter as
the ‘‘CY 2024 PFS final rule’’). The
effective date was January 1, 2024.
DATES: This correcting document is
effective February 12, 2024 and is
applicable beginning January 1, 2024.
FOR FURTHER INFORMATION CONTACT:
MedicarePhysicianFeeSchedule@
cms.hhs.gov, for any issues not
identified below. Please indicate the
specific issue in the subject line of the
email.
MedicarePhysicianFeeSchedule@
cms.hhs.gov, for the following issues:
caregiver training services, community
health integration services, and
principal illness navigation services;
telehealth and other services involving
communications technology; PFS
conversion factor; and PFS payment for
evaluation and management services.
Sabrina Ahmed, (410) 786–7499, or
SharedSavingsProgram@cms.hhs.gov,
for issues related to the Medicare
Shared Savings Program (Shared
Savings Program) Quality performance
standard and quality reporting
requirements.
Janae James, (410) 786–0801, or
SharedSavingsProgram@cms.hhs.gov,
for issues related to Shared Savings
Program beneficiary assignment.
Frank Whelan (410) 786–1302, for
issues related to Medicare and Medicaid
Provider and Supplier Enrollment
Renee O’Neill, (410) 786–8821,
MIPSEngagementTeam@cms.hhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2023–24184 of November
16, 2023, the CY 2024 PFS final rule (88
FR 78818), there were technical errors
that are identified and corrected in this
correcting document. These corrections
are applicable as if they had been
included in the CY 2024 PFS final rule,
which was effective January 1, 2024.
II. Summary of Errors
A. Summary of Errors in the Preamble
1. On page 78867, in the table titled
‘‘TABLE 11: CY 2024 Medicare
Telehealth Services List’’ which
continues through page 78871, we
inadvertently omitted four rows of
services.
2. On page 78876, second column,
fourth full paragraph, line 2, we
inadvertently omitted qualifying
language before the reference to
telehealth services and neglected to
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include a reference to further
background information.
3. On page 78918, third column,
second full paragraph, second sentence,
we neglected to include a clarifying
phrase.
4. On page 78920, first column, first
full paragraph, we inadvertently omitted
a clarifying phrase.
5. On page 78944, first column, first
full paragraph we inadvertently
included incorrect language in the final
code descriptor for HCPCS code G0023.
6. On page 78949, first column, first
full paragraph, we made a typographical
error when finalizing limitations on PIN
services.
7. On pages 78956 through 78957 in
the table titled ‘‘TABLE 14: CY 2024
Work RVUs for New, Revised, and
Potentially Misvalued Codes,’’ the code
descriptor listed for HCPCS code G0019
inadvertently was not updated to reflect
the final code descriptors as stated in
the preamble text.
8. On pages 78958 through 78959 in
the table titled ‘‘TABLE 14: CY 2024
Work RVUs for New, Revised, and
Potentially Misvalued Codes,’’ the code
descriptors listed for HCPCS codes
G0022 and G0023 inadvertently were
not updated to reflect the final code
descriptors as stated in the preamble
text.
9. On pages 78959 through 78960 in
the table titled ‘‘TABLE 14: CY 2024
Work RVUs for New, Revised, and
Potentially Misvalued Codes,’’ the code
descriptor listed for HCPCS code G0140
inadvertently was not updated to reflect
the final code descriptor as stated in the
preamble text.
10. On page 78975, we inadvertently
omitted a sentence to restate the final
policy we adopted for the inherent
complexity add-on code (G2211).
11. On page 79075, third column, first
full paragraph, line 19, two G-codes for
PIN services were inadvertently
omitted.
12. On page 79112 in the table titled,
‘‘TABLE 28: Final APP Reporting
Requirements and Quality Performance
Standard for Performance Year 2024 and
Subsequent Performance Years’’, we
inadvertently included language
regarding a MIPS Quality performance
category score.
13. On page 79112 in the table titled,
‘‘TABLE 28: Final APP Reporting
Requirements and Quality Performance
Standard for Performance Year 2024 and
Subsequent Performance Years’’, we
made a typographical error in
identifying the APP measure.
14. On page 79113 in the table titled,
‘‘TABLE 29: Measures included in the
APP Measure Set for Performance Year
2024 and Subsequent Performance
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Years’’, we made a typographical error
in identifying the Quality ID#: 321 for
the Measure Type. We also
inadvertently included a related
incorrect footnote.
15. On page 79121, we inadvertently
included language referencing Table 30:
40th Percentile MIPS Quality
Performance Category Scores Using
Current and Finalized Methodology.
16. On page 79121 in the table titled,
‘‘TABLE 30: 40th Percentile MIPS
Quality Performance Category Scores
Using Current and Finalized
Methodology’’, the last row of the table
for Performance Year 2022 is incorrect
due to a formatting error.
17. On page 79131, we made a
typographical error in reference to 42
CFR part 414, subpart O.
18. On page 79144, we made a
typographical error in the section
reference to the Regulatory Impact
Analysis in the CY 2024 PFS proposed
rule.
19. On page 79172, there is an error
in the description of the definition of
ACO professional in section
1899(c)(1)(A) of the Act.
20. On page 79189, there are
typographical errors in the references to
Table numbers in the final rule.
21. On page 79240, we inadvertently
included language that referenced
Tables.
22. On page 79379, in the table titled
‘‘TABLE 60: Illustration of Point System
and Associated Adjustments
Comparison between the CY 2023
Performance Period/2025 MIPS
Payment Year and the CY 2024
Performance Period/2026 MIPS
Payment Year’’, we made typographical
errors in the MIPS Adjustment columns
for the 2023 and 2024 Performance
Periods.
23. On page 79437, in the table titled
‘‘TABLE 83: Summary of Quality
Measure Inventory Finalized for the CY
2024 Performance Period’’,
a. We made typographical errors in
the # Measures heading titles.
b. We made typographical errors in
the number of eCQM Specifications
measures finalized for CY 2024.
24. On page 79467, there are two
typographical errors in the table titled
‘‘TABLE 116: Calculation of the CY
2024 PFS Conversion Factor’’.
25. On page 79506, there is a
typographical error in the title of
‘‘TABLE 131: Description of MIPS
Eligibility Status for CY 2023
Performance Period/2025 MIPS
Payment Year Using CY 2023 PFS Final
Rule Assumptions’’.
26. On page 79506, there is a
typographical error in two footnotes of
the table titled ‘‘TABLE 131: Description
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of MIPS Eligibility Status for CY 2023
Performance Period/2025 MIPS
Payment Year Using CY 2023 PFS Final
Rule Assumptions’’.
27. On page 79519, we made a
typographical error in the reference to
the MIPS payment year.
28. On page 79522, in the table titled
‘‘TABLE 143: Accounting Statement for
Provisions for Medicare Shared Savings
Program (CYs 2024–2033)’’, there are
typographical errors in the references to
Table numbers.
B. Summary of Errors in the Regulations
Text
1. On page 79538, at
§ 414.1405(b)(9)(iii), there is a
typographical error in the reference to
the MIPS payment year.
2. On page 79542, third column, lines
19, 23, and 26 contain typographical
errors.
C. Summary of Errors in the Addenda
1. On page 79939 of APPENDIX 1:
MIPS QUALITY MEASURES, TABLE
D.45: One-Time Screening for Hepatitis
C Virus (HCV) for all Patients includes
incorrect language to be removed in the
substantive changes row.
2. On page 80015 of APPENDIX 3:
MVP INVENTORY, TABLE B.2: Optimal
Care for Kidney Health MVP we
inadvertently omitted language in the
last paragraph of the Comments and
Responses section.
3. On pages 80013, 80016, and 80026
of APPENDIX 3: MVP INVENTORY,
corresponding to TABLE B.2: Optimal
Care for Kidney Health MVP, TABLE
B.3: Optimal Care for Patients with
Episodic Neurological Conditions MVP,
and TABLE B.6: Advancing
Rheumatology Patient Care MVP,
respectively, we included an incorrect
collection type for measure Q130:
Documentation of Current Medications
in the Medical Record.
III. Waiver of Proposed Rulemaking
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
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9777
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,
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 2024 PFS
final rule. The corrections contained in
this document are consistent with, and
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 2024 PFS final rule. As a
result, the corrections made through this
correcting document are intended to
resolve inadvertent errors so that the
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 2024 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 final rule.
For these reasons, we believe there is
good cause to waive the requirements
for notice and comment and delay in
effective date.
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Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Rules and Regulations
A. Correction of Errors in the Preamble
In FR Doc. 2023–24184 of November
16, 2023 (88 FR 78818), make the
following corrections:
1. On page 78867, the table titled
‘‘TABLE 11: CY 2024 Medicare
Telehealth Services List’’, the table is
HCPCS
0591T
0592T
0593T
77427
Short Descriptor
Hlth&wb coaching indiv 1st
Hlth&wb coaching indiv f-up
Hlth&wb coaching indiv group
Radiation tx management x5
khammond on DSKJM1Z7X2PROD with RULES
2. On page 78876, second column,
fourth full paragraph,
a. Line 2, the phrase ‘‘telehealth
services’’ is corrected to read ‘‘DSMT
and therapy telehealth services’’.
b. Line 6, the language ‘‘modifier
‘95.’ ’’ is corrected to read ‘‘modifier
‘95.’ For further background, we refer
readers to pgs. 44–45, 80–81 of our FAQ
available at https://www.cms.gov/files/
document/medicare-telehealthfrequently-asked-questions-faqs31720.pdf.’’
3. On page 78918, third column,
second full paragraph, second sentence
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Audio-Onl 1 ?
Yes
Yes
Yes
No
that reads ‘‘If caregivers are trained in a
group, practitioners would not bill
individually for each caregiver’’. is
corrected to read: ‘‘If caregivers for the
same beneficiary are trained in a group,
practitioners would not bill individually
for each caregiver’’.
4. On page 78920, first column, first
full paragraph, line 9, that reads ‘‘a
median group size of five caregivers’’ is
corrected to read ‘‘a median group size
of caregivers for five beneficiaries’’.
5. On page 78944, first column, first
full paragraph for code G0023, lines 5
and 6, the phrase ‘‘certified peer
specialist’’ is deleted.
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corrected to insert the following
additional rows after the row for HCPCS
code 0373T:
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Category
provisional
provisional
provisional
provisional
6. On page 78949, first column, first
full paragraph, line 3 that reads
‘‘services can be provided more than’’ is
corrected to read ‘‘services cannot be
provided more than’’.
7. Beginning on page 78956, in the
last row and continuing on page 78957,
in the table titled, ‘‘TABLE 14: CY 2024
Work RVUs for New, Revised, and
Potentially Misvalued Codes’’, the entry
for HCPCS code G0019 is replaced in its
entirety with the following:
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ER12FE24.000</GPH>
IV. Correction of Errors
Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Rules and Regulations
8. Beginning on page 78958, in the
second and third rows and continuing
on page 78959, in the table titled,
‘‘TABLE 14: CY 2024 Work RVUs for
VerDate Sep<11>2014
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New, Revised, and Potentially
Misvalued Codes’’, the entries for
HCPCS codes G0022 and G0023 are
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1.00
1.00
No
replaced in their entirety with the
following:
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G0019
Community health integration services performed by certified or
trained auxiliary personnel, including a community health worker,
under the direction of a physician or other practitioner; 60 minutes per
calendar month, in the following activities to address social
determinants of health (SDOH) need(s) that are significantly limiting
the ability to diagnose or treat problem(s) addressed in an initiating
visit:
• Person-centered assessment, performed to better understand the
individualized context of the intersection between the SDOH need(s)
and the problem(s) addressed in the initiating visit.
++ Conducting a person-centered assessment to understand patient's
life story, strengths, needs, goals, preferences and desired outcomes,
including understanding cultural and linguistic factors and including
unmet SDOH needs (that are not separately billed).
++ Facilitating patient-driven goalsetting and establishing an action
plan.
++ Providing tailored support to the patient as needed to accomplish
the practitioner's treatment plan.
• Practitioner, Home-, and Community-Based Care Coordination
++ Coordinating receipt of needed services from healthcare
practitioners, providers, and facilities; and from home- and communitybased service providers, social service providers, and caregiver (if
applicable).
++ Communication with practitioners, home- and community-based
service providers, hospitals, and skilled nursing facilities (or other
health care facilities) regarding the patient's psychosocial strengths and
needs, functional deficits, goals, preferences, and desired outcomes,
including cultural and linguistic factors.
++ Coordination of care transitions between and among health care
practitioners and settings, including transitions involving referral to
other clinicians; follow-up after an emergency department visit; or
follow-up after discharges from hospitals, skilled nursing facilities or
other health care facilities.
++ Facilitating access to community based social services (e.g.,
housing, utilities, transportation, food assistance) to address the SDOH
need(s).
• Health education-Helping the patient contextualize health education
provided by the patient's treatment team with the patient's individual
needs, goals, and preferences, in the context of the SDOH need(s), and
educating the patient on how to best participate in medical decisionmaking.
• Building patient self-advocacy skills, so that the patient can interact
with members of the health care team and related community-based
services addressing the SDOH need(s), in ways that are more likely to
promote personalized and effective diagnosis or treatment.
• Health care access/health system navigation
++ Helping the patient access healthcare, including identifying
appropriate practitioners or providers for clinical care and helping
secure appointments with them.
• Facilitating behavioral change as necessary for meeting diagnosis and
treatment goals, including promoting patient motivation to participate
in care and reach person-centered diagnosis or treatment goals.
• Facilitating and providing social and emotional support to help the
patient cope with the problem(s) addressed in the initiating visit, the
SDOH need(s), and adjust daily routines to better meet diagnosis and
treatment goals.
• Leveraging lived experience when applicable to provide support,
mentorship, or inspiration to meet treatment goals.
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khammond on DSKJM1Z7X2PROD with RULES
G0023
Community health integration services, each additional
30 minutes per calendar month (List separately in addition to G0019).
Principal Illness Navigation services by certified or trained auxiliary
personnel under the direction of a physician or other practitioner,
including a patient navigator; 60 minutes per calendar month, in the
following activities:
• Person-centered assessment, performed to better understand the
individual context of the serious, high-risk condition.
++ Conducting a person-centered assessment to understand the
patient's life story, strengths, needs, goals, preferences, and desired
outcomes, including understanding cultural and linguistic factors and
including unmet SDOH needs (that are not separately billed).
++ Facilitating patient-driven goal setting and establishing an action
plan.
++ Providing tailored support as needed to accomplish the
practitioner's treatment plan.
• Identifying or referring patient (and caregiver or family, if applicable)
to appropriate supportive services.
• Practitioner, Home, and Community-Based Care Coordination.
++ Coordinating receipt of needed services from healthcare
practitioners, providers, and facilities; home- and community-based
service providers; and caregiver (if applicable).
++ Communication with practitioners, home-, and community-based
service providers, hospitals, and skilled nursing facilities (or other
health care facilities) regarding the patient's psychosocial strengths and
needs, functional deficits, goals, preferences, and desired outcomes,
including cultural and linguistic factors.
++ Coordination of care transitions between and among health care
practitioners and settings, including transitions involving referral to
other clinicians; follow-up after an emergency department visit; or
follow-up after discharges from hospitals, skilled nursing facilities or
other health care facilities.
++ Facilitating access to community-based social services (e.g.,
housing, utilities, transportation, food assistance) as needed to address
SDOH need(s).
• Health education-Helping the patient contextualize health education
provided by the patient's treatment team with the patient's individual
needs, goals, preferences, and SDOH need(s), and educating the patient
(and caregiver if applicable) on how to best participate in medical
decision-making.
• Building patient self-advocacy skills, so that the patient can interact
with members of the health care team and related community-based
services (as needed), in ways that are more likely to promote
personalized and effective treatment of their condition.
• Health care access/health system navigation.
++ Helping the patient access healthcare, including identifying
appropriate practitioners or providers for clinical care, and helping
secure appointments with them.
++ Providing the patient with information/resources to consider
participation in clinical trials or clinical research as applicable.
• Facilitating behavioral change as necessary for meeting diagnosis and
treatment goals, including promoting patient motivation to participate
in care and reach person-centered diagnosis or treatment goals.
• Facilitating and providing social and emotional support to help the
patient cope with the condition, SDOH need(s), and adjust daily
routines to better meet diagnosis and treatment goals.
• Leverage knowledge of the serious, high-risk condition and/or lived
experience when applicable to provide support, mentorship, or
inspiration to meet treatment goals.
9. Beginning on page 78959, in the
last row and continuing on page 78960,
in the table titled, ‘‘TABLE 14: CY 2024
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Work RVUs for New, Revised, and
Potentially Misvalued Codes’’, the entry
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NEW
0.70
0.70
No
NEW
1.00
1.00
No
for HCPCS code G0140 is replaced in its
entirety with the following:
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ER12FE24.002</GPH>
G0022
G0140
Principal Illness Navigation-Peer Support by certified or trained
auxiliary personnel under the direction of a physician or other
practitioner, including a certified peer specialist; 60 minutes per
calendar month, in the following activities:
• Person-centered interview, performed to better understand the
individual context of the serious, high-risk condition.
++ Conducting a person-centered interview to understand the patient's
life story, strengths, needs, goals, preferences, and desired outcomes,
including understanding cultural and linguistic factors, and including
unmet SDOH needs (that are not billed separately).
++ Facilitating patient-driven goal setting and establishing an action
plan.
++ Providing tailored support as needed to accomplish the personcentered goals in the practitioner's treatment plan.
• Identifying or referring patient (and caregiver or family, if applicable)
to appropriate supportive services.
• Practitioner, Home, and Community-Based Care Communication
++ Assist the patient in communicating with their practitioners, home-,
and community-based service providers, hospitals, and skilled nursing
facilities (or other health care facilities) regarding the patient's
psychosocial strengths and needs, goals, preferences, and desired
outcomes, including cultural and linguistic factors.
++ Facilitating access to community-based social services (e.g.,
housing, utilities, transportation, food assistance) as needed to address
SDOH need(s).
• Health education-Helping the patient contextualize health education
provided by the patient's treatment team with the patient's individual
needs, goals, preferences, and SDOH need(s), and educating the patient
(and caregiver if applicable) on how to best participate in medical
decision-making.
• Building patient self-advocacy skills, so that the patient can interact
with members of the health care team and related community-based
services (as needed), in ways that are more likely to promote
personalized and effective treatment of their condition.
• Developing and proposing strategies to help meet person-centered
treatment goals and supporting the patient in using chosen strategies to
reach person-centered treatment goals.
• Facilitating and providing social and emotional support to help the
patient cope with the condition, SDOH need(s), and adjust daily
routines to better meet person-centered diagnosis and treatment goals.
• Leverage knowledge of the serious, high-risk condition and/or lived
experience when applicable to provide support, mentorship, or
inspiration to meet treatment goals.
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BILLING CODE C
10. On page 78975, first column, first
full paragraph, line 26, the phrase that
reads ‘‘this policy is implemented.’’ is
corrected to read, ‘‘this policy is
implemented. We are finalizing as
proposed that payment will not be made
for the inherent complexity add-on code
(G2211) when billed with an O/O E/M
service reported with modifier ¥25.’’
11. On page 79075, third column, first
full paragraph, line 19 that reads
‘‘G0022, G0023, and G0024
respectively’’ is corrected to read
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‘‘G0022, G0023, G0024, G0140 and
G0146, respectively.’’
12. On page 79112, in the table titled,
‘‘TABLE 28: Final APP Reporting
Requirements and Quality Performance
Standard for Performance Year 2024 and
Subsequent Performance Years’’, second
column, third row, second paragraph,
lines 4 through 6, the phrase that reads
‘‘and receives a MIPS Quality
performance category score under
§ 414.1380(b)(1)’’ is removed.
13. On page 79112, in the table titled
‘‘TABLE 28: Final APP Reporting
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Requirements and Quality Performance
Standard for Performance Year 2024 and
Subsequent Performance Years’’, second
column, third row, third paragraph, line
6, the phrase that reads ‘‘in the APP
measure would’’ is corrected to read ‘‘in
the APP measure set would’’.
14. On page 79113, in the table titled
‘‘TABLE 29: Measures included in the
APP Measure Set for Performance Year
2024 and Subsequent Performance
Years’’, sixth column, second row, the
identifier ‘‘PRO–PM *’’ is corrected to
read ‘‘Patient Engagement/Experience’’.
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9782
Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Rules and Regulations
The related footnote ‘‘* Patient-reported
outcome-based performance measure
(PRO–PM) is a performance measure
that is based on patient-reported
outcome measure (PROM) data
aggregated for an accountable healthcare
entity.’’ is removed.
15. On page 79121, third column,
lines 4 through 6, the sentence that
reads ‘‘We note that Table 30 is same as
Table 29 that was included in the CY
2024 PFS proposed rule (88 FR 52432).’’
is removed.
16. On page 79121, in the table titled
‘‘TABLE 30: 40th Percentile MIPS
Quality Performance Category Scores
Using Current and Finalized
Methodology’’, that reads:
TABLE 30: 40th Percentile MIPS Quality Performance Category Scores Using Current
and Finalized Methodoloev
Performance Year
Actual 40th percentile MIPS Quality
performance category score*
40th percentile
MIPS Quality
performance
category score
using historical
methodology
2018
2019
2020
2021
70.80*
70.82*
75.59*
77.83*
-----
2022
I
77.73/\
72.40 (estimated for illustrative purposes)**
is corrected to read:
TABLE 30: 40th Percentile MIPS Quality Performance Category Scores Using
Current and Finalized Methodoloev
Performance Year
Actual 40th percentile MIPS Quality
performance category score*
40th percentile MIPS
Quality performance
category score using
historical methodology
2018
2019
2020
2021
2022
70.80*
70.82*
75.59*
77.83*
77.73/\
-----
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18. On page 79144, third column, line
23, the reference that reads ‘‘section
VI.E.’’ is corrected to read ‘‘section
VII.E.’’.
19. On page 79172, third column,
second full paragraph, lines 10 through
14, that reads ‘‘furnished by an ACO
professional who is a physician (as
defined in section 1861(r)(1)) of the
Act), or a practitioner that is a PA, NP,
CNS (as defined in section
1842(b)(18)(C)(i) of the Act).’’ is
corrected to read ‘‘furnished by an ACO
professional who is a physician.’’
20. On page 79189:
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a. The third column, first full
paragraph, line 1 the phrase that reads
‘‘Tables 41 and 42’’ is corrected to read
‘‘Tables 42 and 43’’.
b. The third column, first full
paragraph, line 8, the phrase that reads
‘‘Tables 39 and 40’’ is corrected to read
‘‘Tables 40 and 41’’.
21. On page 79240, the first column,
first paragraph, lines 8 and 9 the phrase
that reads ‘‘as displayed in Tables 46A
and 46B’’ is deleted.
22. On page 79379, in the table titled
‘‘TABLE 60: Illustration of Point System
and Associated Adjustments
Comparison between the CY 2023
Performance Period/2025 MIPS
Payment Year and the CY 2024
Performance Period/2026 MIPS
Payment Year’’:
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
a. Second column, fourth row, line 3
that reads ‘‘sliding scale ranges from 0
to 9% for scores from 75.00 to 100.00’’
is corrected to read ‘‘sliding scale ranges
from greater than 0% to 9% for scores
from 75.01 to 100.00.’’; and
b. Fourth column, fourth row, line 3
that reads ‘‘linear sliding scale ranges
from 0 to 9% for scores from 86.00 to
100.00’’ is corrected to read ‘‘linear
sliding scale ranges from greater than
0% to 9% for scores from 75.01 to
100.00.’’.
23. On page 79437, in the table titled
‘‘TABLE 83: Summary of Quality
Measure Inventory Finalized for the CY
2024 Performance Period’’, fifth column,
row 4, that reads:
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17. On page 79131, second column,
second full paragraph, first bullet, line
5 that reads ‘‘subpart Oat the individual,
group,’’ is corrected to read ‘‘subpart O
at the individual, group,’’.
72.40 ( estimated for
illustrative purposes) **
Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Rules and Regulations
Collection Type
# Measures as
New
# Measures for
Removal*
0
-3
# Measures
Finalized as
New
#Measures
Finalized for
Removal*
0
-3
eCQM Specifications
#Measures
with a Substantive
Change*
26
9783
#Measures
for
CY2024*
44
is corrected to read:
Collection Type
eCQM Specifications
24. On page 79467, in the table titled
‘‘TABLE 116: Calculation of the CY
# Measures
Finalized with a
Substantive
Chan2:e*
26
#Measures
Finalized for
CY2024*
46
2024 PFS Conversion Factor’’, that
reads:
CY 2023 Conversion Factor
Conversion Factor without the CAA, 2023 (2.5 Percent
Increase for CY 2023)
CY 2024 RVU Budget Neutrality Adiustment
CY 2024 1.25 Percent Increase Provided by the CAA, 2023
CY 2024 Conversion Factor
33.8872
33.0607
-2.20 percent (0.9780)
1.25 percent (1.0125)
32.7375
is corrected to read:
‘‘* Participation excludes facility-based
clinicians who do not have scores in the 2021
MIPS submission data.
** Allowed charges estimated in 2021
dollars. Low-volume threshold is calculated
using allowed charges. MIPS payment
adjustments are applied to the paid amount.’’
VerDate Sep<11>2014
20:48 Feb 09, 2024
Jkt 262001
-2.18 percent (0.9782)
1.25 percent (1.0125)
are corrected to read:
‘‘* Participation excludes facility-based
clinicians who do not have scores in 2022
MIPS submission data.
** Allowed charges estimated in 2022
dollars. Low-volume threshold is calculated
using allowed charges. MIPS payment
adjustments are applied to the paid amount.’’
27. On page 79519, third column, first
full paragraph, line 7, the phrase that
reads ‘‘2025 MIPS payment year.’’ is
corrected to read ‘‘2026 MIPS payment
year.’’
28. On page 79522, in the table titled
‘‘TABLE 143: Accounting Statement for
Provisions for Medicare Shared Savings
Program (CYs 2024–2033)’’, fifth
column, third and fourth full rows, the
phrase that reads ‘‘Tables 120 through
123’’ is corrected to read ‘‘Tables 123
through 126’’.
B. Correction of Errors in the Addenda
29. On page 79939 of APPENDIX 1:
MIPS QUALITY MEASURES, TABLE
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
D.45: One-Time Screening for Hepatitis
C Virus (HCV) for all Patients, row 6,
Substantive Change: in the section
titled:
Updated denominator: Updated:
THERE ARE TWO SUBMISSION
CRITERIA FOR THIS MEASURE:
First full paragraph, lines 6 through 8
that read: ‘‘For accountability reporting
in the CMS MIPS program, the rate for
submission criteria 2 is used for
performance, however, both
performance rates must be submitted.’’
is to be removed.
30. On page 80015 of APPENDIX 3:
MVP INVENTORY, TABLE B.2: Optimal
Care for Kidney Health MVP language in
the last paragraph of the Comments and
Responses section should read: ‘‘After
consideration of public comments, we
are finalizing the Optimal Care for
Kidney Health MVP with modifications
in Table B.2 for the CY 2024
performance period/2026 MIPS
payment year and future years.’’
E:\FR\FM\12FER1.SGM
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ER12FE24.009</GPH>
32.7442
ER12FE24.008</GPH>
25. On page 79506, in the table titled
‘‘TABLE 131: Description of MIPS
Eligibility Status for CY 2023
Performance Period/2025 MIPS
Payment Year Using CY 2023 PFS Final
Rule Assumptions’’, the title of the table
is corrected to read ‘‘TABLE 131:
Description of MIPS Eligibility Status
for CY 2024 Performance Period/2026
MIPS Payment Year Using CY 2023 PFS
Final Rule Assumptions’’.
26. On page 79506, in the table titled
‘‘TABLE 131: Description of MIPS
Eligibility Status for CY 2023
Performance Period/2025 MIPS
Payment Year Using CY 2023 PFS Final
Rule Assumptions’’, the first and second
footnotes which read:
33.8872
33.0607
ER12FE24.006</GPH> ER12FE24.007</GPH>
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CY 2023 Conversion Factor
Conversion Factor without the CAA, 2023 (2.5 Percent
Increase for CY 2023)
CY 2024 RVU Budget Neutrality Adjustment
CY 2024 1.25 Percent Increase Provided by the CAA, 2023
CY 2024 Conversion Factor
9784
Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Rules and Regulations
31. On pages 80013, 80016, and 80026
of APPENDIX 3: MVP INVENTORY,
corresponding to TABLE B.2: Optimal
Care for Kidney Health MVP, TABLE
B.3: Optimal Care for Patients with
Episodic Neurological Conditions MVP,
and TABLE B.6: Advancing
Rheumatology Patient Care MVP,
respectively, the Collection Type for
measure Q130 is corrected by removing
‘‘Medicare Part B Claims Measure
Specifications’’ and reads ‘‘eCQM
Specifications, MIPS CQMs
Specifications)’’.
List of Subjects
Elizabeth J. Gramling,
Executive Secretary to the Department,
Department of Health and Human Services.
42 CFR Part 414
[FR Doc. 2024–02705 Filed 2–8–24; 4:15 pm]
Administrative practice and
procedure, Biologics, Diseases, Drugs,
Health facilities, Health professions,
Medicare, Reporting and recordkeeping
requirements.
BILLING CODE P
42 CFR 424
45 CFR Part 170
Emergency medical services, Health
facilities, Health professions, Medicare,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, CMS corrects 42 CFR parts
414 and 424 by making the following
correcting amendments:
Health Information Technology
Standards, Implementation
Specifications, and Certification
Criteria and Certification Programs for
Health Information Technology
PART 414—PAYMENT FOR PART B
MEDICAL AND OTHER HEALTH
SERVICES
1. The authority citation for part 414
continues to read as follows:
■
Authority: 42 U.S.C. 1302, 1395hh, and
1395rr(b)(1).
§ 414.1405
[Amended]
2. Amend § 414.1405 in paragraph
(b)(9)(iii) by removing the phrase ‘‘2025
MIPS payment year’’ and adding in its
place the phrase ‘‘2026 MIPS payment
year’’.
■
PART 424—CONDITIONS FOR
MEDICARE PAYMENT
3. The authority citation for part 424
continues to read as follows:
■
Authority: 42 U.S.C. 1302 and 1395hh.
4. Amend § 424.541 by—
a. Removing paragraphs (a)(2)(ii)(B)(3)
through (5); and
■ b. Adding paragraphs (a)(3) through
(5).
The additions read as follows:
■
■
khammond on DSKJM1Z7X2PROD with RULES
(4) CMS notifies the affected provider
or supplier in writing of the imposition
of the stay.
(5) A stay of enrollment ends on the
date on which CMS or its contractor
determines that the provider or supplier
has resumed compliance with all
Medicare enrollment requirements in
Title 42 or the day after the 60-day stay
period expires, whichever occurs first.
*
*
*
*
*
§ 424.541
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
CFR Correction
This rule is being published by the
Office of the Federal Register to correct
an editorial or technical error that
appeared in the most recent annual
revision of the Code of Federal
Regulations.
In Title 45 of the Code of Federal
Regulations, Parts 140 to 199, revised as
of October 1, 2023, amend section
170.580 by reinstating paragraph
(a)(3)(ii) to read as follows:
§ 170.580
ONC review of certified health IT.
*
*
*
*
*
(a) * * *
(3) * * *
(ii) ONC may assert exclusive review
of certified health IT as to any matters
under review by ONC and any similar
matters under surveillance by an ONC–
ACB.
*
*
*
*
*
[FR Doc. 2024–02940 Filed 2–9–24; 8:45 am]
BILLING CODE 0099–10–P
Jkt 262001
45 CFR Chapter III
RIN 0970–AC99
Elimination of the Tribal Non-Federal
Share Requirement
Office of Child Support
Services (OCSS), Administration for
Children and Families (ACF),
Department of Health and Human
Services (HHS).
ACTION: Final rule.
AGENCY:
OCSS eliminates the nonFederal share of program expenditures
requirement for Tribal child support
programs, including the 90/10 and 80/
20 cost sharing rates. Based upon the
experiences of and consultations with
Tribes and Tribal organizations, we
have determined that the non-Federal
share requirement limits growth, causes
disruptions, and creates instability.
DATES: This rule is effective October 1,
2024.
FOR FURTHER INFORMATION CONTACT:
Janice McDaniel, Program Specialist,
Division of Policy and Training, OCSS,
telephone (202) 969–3874. Email
inquiries to ocss.dpt@acf.hhs.gov.
Telecommunications Relay users may
dial 711 first.
SUPPLEMENTARY INFORMATION:
PO 00000
I. Statutory Authority
This final rule is published in
accordance with section 455(f) of the
Social Security Act (the Act) (42 U.S.C.
655(f)). Section 455(f) of the Act
requires the Secretary to issue
regulations governing the grants to
Tribes and Tribal organizations
operating child support programs.
This final rule is also published under
the authority granted to the Secretary of
Health and Human Services by section
1102 of the Act (42 U.S.C. 1302).
Section 1102 of the Act authorizes the
Secretary to publish regulations, not
inconsistent with the Act, as may be
necessary for the efficient
administration of the functions with
which the Secretary is responsible
under the Act.
II. Public Consultation
Since the inception of the Tribal child
support program, OCSS has conducted
numerous face-to-face and virtual Tribal
Consultations and listening sessions to
discuss the longstanding issue of the
non-Federal share requirement and the
cost sharing rates.
Stay of enrollment.
21:19 Feb 09, 2024
Administration for Children and
Families
SUMMARY:
(a) * * *
(3) A stay of enrollment lasts no
longer than 60 days from the postmark
date of the notification letter, which is
the effective date of the stay.
VerDate Sep<11>2014
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
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]]>Agencies
[Federal Register Volume 89, Number 29 (Monday, February 12, 2024)]
[Rules and Regulations]
[Pages 9776-9784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02705]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 405, 410, 411, 414, 415, 418, 422, 423, 424, 425, 455,
489, 491, 495, 498, and 600
[CMS-1784-F2]
RIN 0938-AV07
Medicare and Medicaid Programs; CY 2024 Payment Policies Under
the Physician Fee Schedule and Other Changes to Part B Payment and
Coverage Policies; Medicare Shared Savings Program Requirements;
Medicare Advantage; Medicare and Medicaid Provider and Supplier
Enrollment Policies; and Basic Health Program; Corrections
AGENCY: Centers for Medicare & Medicaid Services (CMS), Department of
Health and Human Services (HHS).
ACTION: Final rule; correction and correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This document corrects technical and typographical errors in
the final rule that appeared in the November 16, 2023 issue of the
Federal Register, entitled ``Medicare and Medicaid Programs; CY 2024
Payment Policies Under the Physician Fee Schedule and Other Changes to
Part B Payment and Coverage Policies; Medicare Shared Savings Program
Requirements; Medicare Advantage; Medicare and Medicaid Provider and
Supplier Enrollment Policies; and Basic Health Program'' (referred to
hereafter as the ``CY 2024 PFS final rule''). The effective date was
January 1, 2024.
DATES: This correcting document is effective February 12, 2024 and is
applicable beginning January 1, 2024.
FOR FURTHER INFORMATION CONTACT:
[email protected], for any issues not
identified below. Please indicate the specific issue in the subject
line of the email.
[email protected], for the following issues:
caregiver training services, community health integration services, and
principal illness navigation services; telehealth and other services
involving communications technology; PFS conversion factor; and PFS
payment for evaluation and management services.
Sabrina Ahmed, (410) 786-7499, or [email protected],
for issues related to the Medicare Shared Savings Program (Shared
Savings Program) Quality performance standard and quality reporting
requirements.
Janae James, (410) 786-0801, or [email protected],
for issues related to Shared Savings Program beneficiary assignment.
Frank Whelan (410) 786-1302, for issues related to Medicare and
Medicaid Provider and Supplier Enrollment
Renee O'Neill, (410) 786-8821, [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2023-24184 of November 16, 2023, the CY 2024 PFS final
rule (88 FR 78818), there were technical errors that are identified and
corrected in this correcting document. These corrections are applicable
as if they had been included in the CY 2024 PFS final rule, which was
effective January 1, 2024.
II. Summary of Errors
A. Summary of Errors in the Preamble
1. On page 78867, in the table titled ``TABLE 11: CY 2024 Medicare
Telehealth Services List'' which continues through page 78871, we
inadvertently omitted four rows of services.
2. On page 78876, second column, fourth full paragraph, line 2, we
inadvertently omitted qualifying language before the reference to
telehealth services and neglected to include a reference to further
background information.
3. On page 78918, third column, second full paragraph, second
sentence, we neglected to include a clarifying phrase.
4. On page 78920, first column, first full paragraph, we
inadvertently omitted a clarifying phrase.
5. On page 78944, first column, first full paragraph we
inadvertently included incorrect language in the final code descriptor
for HCPCS code G0023.
6. On page 78949, first column, first full paragraph, we made a
typographical error when finalizing limitations on PIN services.
7. On pages 78956 through 78957 in the table titled ``TABLE 14: CY
2024 Work RVUs for New, Revised, and Potentially Misvalued Codes,'' the
code descriptor listed for HCPCS code G0019 inadvertently was not
updated to reflect the final code descriptors as stated in the preamble
text.
8. On pages 78958 through 78959 in the table titled ``TABLE 14: CY
2024 Work RVUs for New, Revised, and Potentially Misvalued Codes,'' the
code descriptors listed for HCPCS codes G0022 and G0023 inadvertently
were not updated to reflect the final code descriptors as stated in the
preamble text.
9. On pages 78959 through 78960 in the table titled ``TABLE 14: CY
2024 Work RVUs for New, Revised, and Potentially Misvalued Codes,'' the
code descriptor listed for HCPCS code G0140 inadvertently was not
updated to reflect the final code descriptor as stated in the preamble
text.
10. On page 78975, we inadvertently omitted a sentence to restate
the final policy we adopted for the inherent complexity add-on code
(G2211).
11. On page 79075, third column, first full paragraph, line 19, two
G-codes for PIN services were inadvertently omitted.
12. On page 79112 in the table titled, ``TABLE 28: Final APP
Reporting Requirements and Quality Performance Standard for Performance
Year 2024 and Subsequent Performance Years'', we inadvertently included
language regarding a MIPS Quality performance category score.
13. On page 79112 in the table titled, ``TABLE 28: Final APP
Reporting Requirements and Quality Performance Standard for Performance
Year 2024 and Subsequent Performance Years'', we made a typographical
error in identifying the APP measure.
14. On page 79113 in the table titled, ``TABLE 29: Measures
included in the APP Measure Set for Performance Year 2024 and
Subsequent Performance
[[Page 9777]]
Years'', we made a typographical error in identifying the Quality ID#:
321 for the Measure Type. We also inadvertently included a related
incorrect footnote.
15. On page 79121, we inadvertently included language referencing
Table 30: 40th Percentile MIPS Quality Performance Category Scores
Using Current and Finalized Methodology.
16. On page 79121 in the table titled, ``TABLE 30: 40th Percentile
MIPS Quality Performance Category Scores Using Current and Finalized
Methodology'', the last row of the table for Performance Year 2022 is
incorrect due to a formatting error.
17. On page 79131, we made a typographical error in reference to 42
CFR part 414, subpart O.
18. On page 79144, we made a typographical error in the section
reference to the Regulatory Impact Analysis in the CY 2024 PFS proposed
rule.
19. On page 79172, there is an error in the description of the
definition of ACO professional in section 1899(c)(1)(A) of the Act.
20. On page 79189, there are typographical errors in the references
to Table numbers in the final rule.
21. On page 79240, we inadvertently included language that
referenced Tables.
22. On page 79379, in the table titled ``TABLE 60: Illustration of
Point System and Associated Adjustments Comparison between the CY 2023
Performance Period/2025 MIPS Payment Year and the CY 2024 Performance
Period/2026 MIPS Payment Year'', we made typographical errors in the
MIPS Adjustment columns for the 2023 and 2024 Performance Periods.
23. On page 79437, in the table titled ``TABLE 83: Summary of
Quality Measure Inventory Finalized for the CY 2024 Performance
Period'',
a. We made typographical errors in the # Measures heading titles.
b. We made typographical errors in the number of eCQM
Specifications measures finalized for CY 2024.
24. On page 79467, there are two typographical errors in the table
titled ``TABLE 116: Calculation of the CY 2024 PFS Conversion Factor''.
25. On page 79506, there is a typographical error in the title of
``TABLE 131: Description of MIPS Eligibility Status for CY 2023
Performance Period/2025 MIPS Payment Year Using CY 2023 PFS Final Rule
Assumptions''.
26. On page 79506, there is a typographical error in two footnotes
of the table titled ``TABLE 131: Description of MIPS Eligibility Status
for CY 2023 Performance Period/2025 MIPS Payment Year Using CY 2023 PFS
Final Rule Assumptions''.
27. On page 79519, we made a typographical error in the reference
to the MIPS payment year.
28. On page 79522, in the table titled ``TABLE 143: Accounting
Statement for Provisions for Medicare Shared Savings Program (CYs 2024-
2033)'', there are typographical errors in the references to Table
numbers.
B. Summary of Errors in the Regulations Text
1. On page 79538, at Sec. 414.1405(b)(9)(iii), there is a
typographical error in the reference to the MIPS payment year.
2. On page 79542, third column, lines 19, 23, and 26 contain
typographical errors.
C. Summary of Errors in the Addenda
1. On page 79939 of APPENDIX 1: MIPS QUALITY MEASURES, TABLE D.45:
One-Time Screening for Hepatitis C Virus (HCV) for all Patients
includes incorrect language to be removed in the substantive changes
row.
2. On page 80015 of APPENDIX 3: MVP INVENTORY, TABLE B.2: Optimal
Care for Kidney Health MVP we inadvertently omitted language in the
last paragraph of the Comments and Responses section.
3. On pages 80013, 80016, and 80026 of APPENDIX 3: MVP INVENTORY,
corresponding to TABLE B.2: Optimal Care for Kidney Health MVP, TABLE
B.3: Optimal Care for Patients with Episodic Neurological Conditions
MVP, and TABLE B.6: Advancing Rheumatology Patient Care MVP,
respectively, we included an incorrect collection type for measure
Q130: Documentation of Current Medications in the Medical Record.
III. Waiver of Proposed Rulemaking
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, 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 2024 PFS final rule. The
corrections contained in this document are consistent with, and 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 2024 PFS final rule. As a result, the corrections
made through this correcting document are intended to resolve
inadvertent errors so that the 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 2024 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 final rule. For these reasons, we believe there is
good cause to waive the requirements for notice and comment and delay
in effective date.
[[Page 9778]]
IV. Correction of Errors
In FR Doc. 2023-24184 of November 16, 2023 (88 FR 78818), make the
following corrections:
A. Correction of Errors in the Preamble
1. On page 78867, the table titled ``TABLE 11: CY 2024 Medicare
Telehealth Services List'', the table is corrected to insert the
following additional rows after the row for HCPCS code 0373T:
[GRAPHIC] [TIFF OMITTED] TR12FE24.000
2. On page 78876, second column, fourth full paragraph,
a. Line 2, the phrase ``telehealth services'' is corrected to read
``DSMT and therapy telehealth services''.
b. Line 6, the language ``modifier `95.' '' is corrected to read
``modifier `95.' For further background, we refer readers to pgs. 44-
45, 80-81 of our FAQ available at https://www.cms.gov/files/document/medicare-telehealth-frequently-asked-questions-faqs-31720.pdf.''
3. On page 78918, third column, second full paragraph, second
sentence that reads ``If caregivers are trained in a group,
practitioners would not bill individually for each caregiver''. is
corrected to read: ``If caregivers for the same beneficiary are trained
in a group, practitioners would not bill individually for each
caregiver''.
4. On page 78920, first column, first full paragraph, line 9, that
reads ``a median group size of five caregivers'' is corrected to read
``a median group size of caregivers for five beneficiaries''.
5. On page 78944, first column, first full paragraph for code
G0023, lines 5 and 6, the phrase ``certified peer specialist'' is
deleted.
6. On page 78949, first column, first full paragraph, line 3 that
reads ``services can be provided more than'' is corrected to read
``services cannot be provided more than''.
7. Beginning on page 78956, in the last row and continuing on page
78957, in the table titled, ``TABLE 14: CY 2024 Work RVUs for New,
Revised, and Potentially Misvalued Codes'', the entry for HCPCS code
G0019 is replaced in its entirety with the following:
BILLING CODE P
[[Page 9779]]
[GRAPHIC] [TIFF OMITTED] TR12FE24.001
8. Beginning on page 78958, in the second and third rows and
continuing on page 78959, in the table titled, ``TABLE 14: CY 2024 Work
RVUs for New, Revised, and Potentially Misvalued Codes'', the entries
for HCPCS codes G0022 and G0023 are replaced in their entirety with the
following:
[[Page 9780]]
[GRAPHIC] [TIFF OMITTED] TR12FE24.002
9. Beginning on page 78959, in the last row and continuing on page
78960, in the table titled, ``TABLE 14: CY 2024 Work RVUs for New,
Revised, and Potentially Misvalued Codes'', the entry for HCPCS code
G0140 is replaced in its entirety with the following:
[[Page 9781]]
[GRAPHIC] [TIFF OMITTED] TR12FE24.003
BILLING CODE C
10. On page 78975, first column, first full paragraph, line 26, the
phrase that reads ``this policy is implemented.'' is corrected to read,
``this policy is implemented. We are finalizing as proposed that
payment will not be made for the inherent complexity add-on code
(G2211) when billed with an O/O E/M service reported with modifier -
25.''
11. On page 79075, third column, first full paragraph, line 19 that
reads ``G0022, G0023, and G0024 respectively'' is corrected to read
``G0022, G0023, G0024, G0140 and G0146, respectively.''
12. On page 79112, in the table titled, ``TABLE 28: Final APP
Reporting Requirements and Quality Performance Standard for Performance
Year 2024 and Subsequent Performance Years'', second column, third row,
second paragraph, lines 4 through 6, the phrase that reads ``and
receives a MIPS Quality performance category score under Sec.
414.1380(b)(1)'' is removed.
13. On page 79112, in the table titled ``TABLE 28: Final APP
Reporting Requirements and Quality Performance Standard for Performance
Year 2024 and Subsequent Performance Years'', second column, third row,
third paragraph, line 6, the phrase that reads ``in the APP measure
would'' is corrected to read ``in the APP measure set would''.
14. On page 79113, in the table titled ``TABLE 29: Measures
included in the APP Measure Set for Performance Year 2024 and
Subsequent Performance Years'', sixth column, second row, the
identifier ``PRO-PM *'' is corrected to read ``Patient Engagement/
Experience''.
[[Page 9782]]
The related footnote ``* Patient-reported outcome-based performance
measure (PRO-PM) is a performance measure that is based on patient-
reported outcome measure (PROM) data aggregated for an accountable
healthcare entity.'' is removed.
15. On page 79121, third column, lines 4 through 6, the sentence
that reads ``We note that Table 30 is same as Table 29 that was
included in the CY 2024 PFS proposed rule (88 FR 52432).'' is removed.
16. On page 79121, in the table titled ``TABLE 30: 40th Percentile
MIPS Quality Performance Category Scores Using Current and Finalized
Methodology'', that reads:
[GRAPHIC] [TIFF OMITTED] TR12FE24.004
is corrected to read:
[GRAPHIC] [TIFF OMITTED] TR12FE24.005
17. On page 79131, second column, second full paragraph, first
bullet, line 5 that reads ``subpart Oat the individual, group,'' is
corrected to read ``subpart O at the individual, group,''.
18. On page 79144, third column, line 23, the reference that reads
``section VI.E.'' is corrected to read ``section VII.E.''.
19. On page 79172, third column, second full paragraph, lines 10
through 14, that reads ``furnished by an ACO professional who is a
physician (as defined in section 1861(r)(1)) of the Act), or a
practitioner that is a PA, NP, CNS (as defined in section
1842(b)(18)(C)(i) of the Act).'' is corrected to read ``furnished by an
ACO professional who is a physician.''
20. On page 79189:
a. The third column, first full paragraph, line 1 the phrase that
reads ``Tables 41 and 42'' is corrected to read ``Tables 42 and 43''.
b. The third column, first full paragraph, line 8, the phrase that
reads ``Tables 39 and 40'' is corrected to read ``Tables 40 and 41''.
21. On page 79240, the first column, first paragraph, lines 8 and 9
the phrase that reads ``as displayed in Tables 46A and 46B'' is
deleted.
22. On page 79379, in the table titled ``TABLE 60: Illustration of
Point System and Associated Adjustments Comparison between the CY 2023
Performance Period/2025 MIPS Payment Year and the CY 2024 Performance
Period/2026 MIPS Payment Year'':
a. Second column, fourth row, line 3 that reads ``sliding scale
ranges from 0 to 9% for scores from 75.00 to 100.00'' is corrected to
read ``sliding scale ranges from greater than 0% to 9% for scores from
75.01 to 100.00.''; and
b. Fourth column, fourth row, line 3 that reads ``linear sliding
scale ranges from 0 to 9% for scores from 86.00 to 100.00'' is
corrected to read ``linear sliding scale ranges from greater than 0% to
9% for scores from 75.01 to 100.00.''.
23. On page 79437, in the table titled ``TABLE 83: Summary of
Quality Measure Inventory Finalized for the CY 2024 Performance
Period'', fifth column, row 4, that reads:
[[Page 9783]]
[GRAPHIC] [TIFF OMITTED] TR12FE24.006
is corrected to read:
[GRAPHIC] [TIFF OMITTED] TR12FE24.007
24. On page 79467, in the table titled ``TABLE 116: Calculation of
the CY 2024 PFS Conversion Factor'', that reads:
[GRAPHIC] [TIFF OMITTED] TR12FE24.008
is corrected to read:
[GRAPHIC] [TIFF OMITTED] TR12FE24.009
25. On page 79506, in the table titled ``TABLE 131: Description of
MIPS Eligibility Status for CY 2023 Performance Period/2025 MIPS
Payment Year Using CY 2023 PFS Final Rule Assumptions'', the title of
the table is corrected to read ``TABLE 131: Description of MIPS
Eligibility Status for CY 2024 Performance Period/2026 MIPS Payment
Year Using CY 2023 PFS Final Rule Assumptions''.
26. On page 79506, in the table titled ``TABLE 131: Description of
MIPS Eligibility Status for CY 2023 Performance Period/2025 MIPS
Payment Year Using CY 2023 PFS Final Rule Assumptions'', the first and
second footnotes which read:
``* Participation excludes facility-based clinicians who do not have
scores in the 2021 MIPS submission data.
** Allowed charges estimated in 2021 dollars. Low-volume threshold
is calculated using allowed charges. MIPS payment adjustments are
applied to the paid amount.''
are corrected to read:
``* Participation excludes facility-based clinicians who do not
have scores in 2022 MIPS submission data.
** Allowed charges estimated in 2022 dollars. Low-volume
threshold is calculated using allowed charges. MIPS payment
adjustments are applied to the paid amount.''
27. On page 79519, third column, first full paragraph, line 7, the
phrase that reads ``2025 MIPS payment year.'' is corrected to read
``2026 MIPS payment year.''
28. On page 79522, in the table titled ``TABLE 143: Accounting
Statement for Provisions for Medicare Shared Savings Program (CYs 2024-
2033)'', fifth column, third and fourth full rows, the phrase that
reads ``Tables 120 through 123'' is corrected to read ``Tables 123
through 126''.
B. Correction of Errors in the Addenda
29. On page 79939 of APPENDIX 1: MIPS QUALITY MEASURES, TABLE D.45:
One-Time Screening for Hepatitis C Virus (HCV) for all Patients, row 6,
Substantive Change: in the section titled:
Updated denominator: Updated:
THERE ARE TWO SUBMISSION CRITERIA FOR THIS MEASURE:
First full paragraph, lines 6 through 8 that read: ``For
accountability reporting in the CMS MIPS program, the rate for
submission criteria 2 is used for performance, however, both
performance rates must be submitted.'' is to be removed.
30. On page 80015 of APPENDIX 3: MVP INVENTORY, TABLE B.2: Optimal
Care for Kidney Health MVP language in the last paragraph of the
Comments and Responses section should read: ``After consideration of
public comments, we are finalizing the Optimal Care for Kidney Health
MVP with modifications in Table B.2 for the CY 2024 performance period/
2026 MIPS payment year and future years.''
[[Page 9784]]
31. On pages 80013, 80016, and 80026 of APPENDIX 3: MVP INVENTORY,
corresponding to TABLE B.2: Optimal Care for Kidney Health MVP, TABLE
B.3: Optimal Care for Patients with Episodic Neurological Conditions
MVP, and TABLE B.6: Advancing Rheumatology Patient Care MVP,
respectively, the Collection Type for measure Q130 is corrected by
removing ``Medicare Part B Claims Measure Specifications'' and reads
``eCQM Specifications, MIPS CQMs Specifications)''.
List of Subjects
42 CFR Part 414
Administrative practice and procedure, Biologics, Diseases, Drugs,
Health facilities, Health professions, Medicare, Reporting and
recordkeeping requirements.
42 CFR 424
Emergency medical services, Health facilities, Health professions,
Medicare, Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, CMS corrects 42 CFR
parts 414 and 424 by making the following correcting amendments:
PART 414--PAYMENT FOR PART B MEDICAL AND OTHER HEALTH SERVICES
0
1. The authority citation for part 414 continues to read as follows:
Authority: 42 U.S.C. 1302, 1395hh, and 1395rr(b)(1).
Sec. 414.1405 [Amended]
0
2. Amend Sec. 414.1405 in paragraph (b)(9)(iii) by removing the phrase
``2025 MIPS payment year'' and adding in its place the phrase ``2026
MIPS payment year''.
PART 424--CONDITIONS FOR MEDICARE PAYMENT
0
3. The authority citation for part 424 continues to read as follows:
Authority: 42 U.S.C. 1302 and 1395hh.
0
4. Amend Sec. 424.541 by--
0
a. Removing paragraphs (a)(2)(ii)(B)(3) through (5); and
0
b. Adding paragraphs (a)(3) through (5).
The additions read as follows:
Sec. 424.541 Stay of enrollment.
(a) * * *
(3) A stay of enrollment lasts no longer than 60 days from the
postmark date of the notification letter, which is the effective date
of the stay.
(4) CMS notifies the affected provider or supplier in writing of
the imposition of the stay.
(5) A stay of enrollment ends on the date on which CMS or its
contractor determines that the provider or supplier has resumed
compliance with all Medicare enrollment requirements in Title 42 or the
day after the 60-day stay period expires, whichever occurs first.
* * * * *
Elizabeth J. Gramling,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2024-02705 Filed 2-8-24; 4:15 pm]
BILLING CODE P
