Medicare Program; Prospective Payment System and Consolidated Billing for Skilled Nursing Facilities; Updates to the Quality Reporting Program and Value-Based Purchasing Program for Federal Fiscal Year 2024; Corrections, 25144-25147 [2024-07522]
Download as PDF
25144
§ 36.4315
Federal Register / Vol. 89, No. 70 / Wednesday, April 10, 2024 / Rules and Regulations
[Amended]
§ 36.4322
3. Amend § 36.4315(a) by removing
‘‘written’’ and adding in its place ‘‘a
documented’’.
■
§ 36.4316
[Amended]
Servicer reporting requirements.
*
*
*
*
*
(c) * * *
(30) Basic claim information—when
the servicer files a claim under
guaranty. The servicer shall report this
event within 365 calendar days of loan
termination for non-VA purchase
claims, and within 60 calendar days of
the approval date for VA purchase
claims.
(31) VA purchase settlement—when
VA purchases a loan and the servicer
reports the tax and insurance
information. The servicer shall report
this event within 60 calendar days of
the VA purchase approval date.
*
*
*
*
*
§ 36.4319
6. Amend § 36.4319 by:
■ a. Removing ‘‘special forbearance
agreements’’ and ‘‘compromise sales’’
and adding in their place ‘‘special
forbearances’’ and ‘‘short sales’’,
respectively, in paragraph (a);
■ b. Removing ‘‘Compromise Sale’’ and
adding in its place ‘‘Short Sale’’ in the
table in paragraph (b);
■ c. Removing ‘‘compromise sale’’ and
adding in its place ‘‘short sale’’ in
paragraph (c)(4).
■
§ 36.4320
[Amended]
7. Amend § 36.4320 by:
■ a. Removing ‘‘Refunding’’ and adding
in its place ‘‘VA purchase’’ in the
heading;
■ b. Removing ‘‘refund’’ and adding in
its place ‘‘purchase’’ in paragraph (c);
and
■ c. Removing ‘‘2900–0362’’ and adding
in its place ‘‘2900–0021’’ in the
parenthesis at the end of the section.
ddrumheller on DSK120RN23PROD with RULES1
■
VerDate Sep<11>2014
16:36 Apr 09, 2024
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
Designation of Areas for Air Quality
Planning Purposes
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 40 of the Code of Federal
Regulations, Part 81, revised as of July
1, 2023, in § 81.350, in the table titled
‘‘Wisconsin—2010 Sulfur Dioxide
NAAQS [Primary]’’, the entry for
‘‘Outagamie County (part)’’ is removed.
[FR Doc. 2024–07673 Filed 4–9–24; 8:45 am]
BILLING CODE 0099–10–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 411, 413, 488, and 489
[CMS–1779–F2]
[Amended]
Jkt 262001
RIN 0938–AV02
Medicare Program; Prospective
Payment System and Consolidated
Billing for Skilled Nursing Facilities;
Updates to the Quality Reporting
Program and Value-Based Purchasing
Program for Federal Fiscal Year 2024;
Corrections
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 August 7, 2023 Federal
Register, entitled ‘‘Medicare Program;
Prospective Payment System and
Consolidated Billing for Skilled Nursing
Facilities; Updates to the Quality
Reporting Program and Value-Based
Purchasing Program for Federal Fiscal
Year 2024’’. The effective date was
October 1, 2023.
SUMMARY:
PO 00000
Frm 00028
Fmt 4700
This correcting document is
effective April 10, 2024, and is
applicable beginning October 1, 2023.
FOR FURTHER INFORMATION CONTACT: John
Kane, (410) 786–0557, for information
related to the SNF PPS.
SUPPLEMENTARY INFORMATION:
DATES:
[FR Doc. 2024–07113 Filed 4–9–24; 8:45 am]
4. Amend § 36.4316 by:
■ a. Removing ‘‘documented’’ in
paragraphs (b)(2), (3), and (4); and
■ b. Removing ‘‘written’’ in paragraph
(b)(6).
■ 5. Amend § 36.4317 by:
■ a. Removing ‘‘agreement’’ in
paragraph (c)(18);
■ b. Removing ‘‘Compromise sale’’ and
‘‘compromise sale’’ and adding ‘‘Short
sale’’ and ‘‘short sale’’, respectively, in
paragraph (c)(21); and
■ c. Revising paragraphs (c)(30) and
(31).
The revisions read as follows:
■
§ 36.4317
[Amended]
8. Amend §§ 36.4322(e)(1), (1)(ii), (2),
and (f)(1)(iii) by removing ‘‘compromise
sale’’ each place it appears and adding
‘‘short sale’’ in its place.
■
Sfmt 4700
I. Background
In FR Doc. 2023–16249 of August 7,
2023 (88 FR 53200), 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 final rule
entitled ‘‘Medicare Program; Prospective
Payment System and Consolidated
Billing for Skilled Nursing Facilities;
Updates to the Quality Reporting
Program and Value-Based Purchasing
Program for Federal Fiscal Year 2024’’
(hereinafter referred to as the FY 2024
SNF PPS final rule), which was effective
October 1, 2023.
II. Summary of Errors
A. Summary of Errors in the Preamble
On page 53221 of the FY 2024 SNF
PPS final rule (88 FR 53200), we
discussed our proposal to add the
surgical option that allows a subset of
subcategory 42.2—codes for displaced
fractures to be eligible for one of two
orthopedic surgery categories.
Additionally, we stated that we would
add this surgical option to the
subcategory of M84.5—codes for
pathological fractures to certain weight
bearing bones to be eligible for one of
two orthopedic surgery categories. In
the final rule, we inadvertently stated
that this proposal applied to 45 of the
codes within the subcategory S42.2
codes and to 46 of the codes within the
subcategory M84.5 codes. However,
these numbers were inadvertently
swapped, meaning that the proposal
applied to 46 of the codes within the
subcategory S42.2 codes and to 45 of the
codes within the subcategory M84.5
codes. We are correcting these errors.
B. Summary and Corrections of Errors to
Tables Posted on the CMS Website for
the PDPM ICD–10 Mappings
We are correcting the following errors
to the FY 2024 Patient Driven Payment
Model (PDPM) ICD–10–CM mappings
(hereinafter referred to as PDPM ICD–10
code mappings) that were made
available on the CMS website at https://
www.cms.gov/medicare/medicare-feefor-service-payment/snfpps/pdpm in
conjunction with the release of the FY
2024 SNF PPS final rule, as corrected by
the correction notification that appeared
in the October 4, 2023 Federal Register,
entitled ‘‘Medicare Program; Prospective
E:\FR\FM\10APR1.SGM
10APR1
Federal Register / Vol. 89, No. 70 / Wednesday, April 10, 2024 / Rules and Regulations
Payment System and Consolidated
Billing for Skilled Nursing Facilities;
Updates to the Quality Reporting
Program and Value-Based Purchasing
Program for Federal Fiscal Year 2024;
Correction’’ (88 FR 68486). The FY 2024
PDPM ICD–10 code mappings file may
be accessed from the list of items under
the ‘‘PDPM Resources’’ section of the
website with an effective date of ‘‘10–
01–2023’’.
The first table in the FY 2024 PDPM
ICD–10 code mappings file displays the
list of ICD–10 codes that are recorded in
Item I0020B ICD Code of the Minimum
Data Set (MDS) assessment to determine
a patient’s clinical category assignment
under PDPM. First, we are correcting
errors in the clinical category
assignment of 2 codes, B99.8 (Other
infectious disease) and B99.9
(Unspecified infectious disease) (lines
1071 and 1072 of the Excel spreadsheet)
to reinstate their prior year’s
assignments from the FY 2023 SNF PPS
final rule, as we proposed no changes in
clinical categories in this code range in
the FY 2024 SNF PPS proposed rule nor
finalized them in the FY 2024 SNF PPS
final rule. As such, the clinical category
mapping for these two codes will be
corrected to be ‘‘Medical Management’’.
Second, we are correcting errors in
the clinical category assignments of
codes within the S42.2 subcategory of
ICD–10 codes (lines 32154 et seq.) and
the M84.5 subcategory of ICD–10 codes
(lines 17229 et seq.). As discussed in the
FY 2024 SNF PPS final rule (88 FR
53221), we had proposed to add the
surgical option that allows a subset of
subcategory 42.2—codes for displaced
fractures to be eligible for one of two
orthopedic surgery categories.
25145
Additionally, we stated that we would
add this surgical option to the
subcategory of M84.5—codes for
pathological fractures to certain weight
bearing bones to be eligible for one of
two orthopedic surgery categories.
However, when updating the PDPM
ICD–10 mapping for FY 2024 to reflect
these changes, we inadvertently added
the surgical option to a selection of ICD–
10 codes for which we did not propose
any changes. Further, we inadvertently
did not add the surgical option for a
selection of ICD–10 codes for which we
did propose to do so.
Table 1 displays the list of affected
ICD–10 codes for which we are
correcting the clinical category
assignments by adding the surgical
option.
TABLE 1—AFFECTED CODES FROM THE MAPPING OF THE ICD–10–CM RECORDED IN ITEM I0020B OF THE MDS
ASSESSMENT TO PDPM CLINICAL CATEGORIES ADDING SURGICAL OPTION
ddrumheller on DSK120RN23PROD with RULES1
ICD–10–CM
code
M84550A
M84550D
M84550G
M84550K
M84550P
M84561A
M84561D
M84561G
M84561K
M84561P
M84562A
M84562D
M84562G
M84562K
M84562P
M84563A
M84563D
M84563G
M84563K
M84563P
M84564A
M84564D
M84564G
M84564K
M84564P
M84571A
M84571D
M84571G
M84571K
M84571P
M84572A
M84572D
M84572G
M84572K
M84572P
ICD–10–CM code description
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
Pathological
Pathological
Pathological
Pathological
Pathological
Pathological
Pathological
Pathological
Pathological
Pathological
Pathological
Pathological
Pathological
Pathological
Pathological
Pathological
Pathological
Pathological
Pathological
Pathological
Pathological
Pathological
Pathological
Pathological
Pathological
Pathological
Pathological
Pathological
Pathological
Pathological
Pathological
Pathological
Pathological
Pathological
Pathological
fracture
fracture
fracture
fracture
fracture
fracture
fracture
fracture
fracture
fracture
fracture
fracture
fracture
fracture
fracture
fracture
fracture
fracture
fracture
fracture
fracture
fracture
fracture
fracture
fracture
fracture
fracture
fracture
fracture
fracture
fracture
fracture
fracture
fracture
fracture
in
in
in
in
in
in
in
in
in
in
in
in
in
in
in
in
in
in
in
in
in
in
in
in
in
in
in
in
in
in
in
in
in
in
in
Table 2 displays the list of affected
ICD–10 codes for which we are
VerDate Sep<11>2014
16:36 Apr 09, 2024
Jkt 262001
neoplastic
neoplastic
neoplastic
neoplastic
neoplastic
neoplastic
neoplastic
neoplastic
neoplastic
neoplastic
neoplastic
neoplastic
neoplastic
neoplastic
neoplastic
neoplastic
neoplastic
neoplastic
neoplastic
neoplastic
neoplastic
neoplastic
neoplastic
neoplastic
neoplastic
neoplastic
neoplastic
neoplastic
neoplastic
neoplastic
neoplastic
neoplastic
neoplastic
neoplastic
neoplastic
disease,
disease,
disease,
disease,
disease,
disease,
disease,
disease,
disease,
disease,
disease,
disease,
disease,
disease,
disease,
disease,
disease,
disease,
disease,
disease,
disease,
disease,
disease,
disease,
disease,
disease,
disease,
disease,
disease,
disease,
disease,
disease,
disease,
disease,
disease,
pelvis, initial encounter for fracture.
pelvis, subsequent encounter for fracture with routine healing.
pelvis, subsequent encounter for fracture with delayed healing.
pelvis, subsequent encounter for fracture with nonunion.
pelvis, subsequent encounter for fracture with malunion.
right tibia, initial encounter for fracture.
right tibia, subsequent encounter for fracture with routine healing.
right tibia, subsequent encounter for fracture with delayed healing.
right tibia, subsequent encounter for fracture with nonunion.
right tibia, subsequent encounter for fracture with malunion.
left tibia, initial encounter for fracture.
left tibia, subsequent encounter for fracture with routine healing.
left tibia, subsequent encounter for fracture with delayed healing.
left tibia, subsequent encounter for fracture with nonunion.
left tibia, subsequent encounter for fracture with malunion.
right fibula, initial encounter for fracture.
right fibula, subsequent encounter for fracture with routine healing.
right fibula, subsequent encounter for fracture with delayed healing.
right fibula, subsequent encounter for fracture with nonunion.
right fibula, subsequent encounter for fracture with malunion.
left fibula, initial encounter for fracture.
left fibula, subsequent encounter for fracture with routine healing.
left fibula, subsequent encounter for fracture with delayed healing.
left fibula, subsequent encounter for fracture with nonunion.
left fibula, subsequent encounter for fracture with malunion.
right ankle, initial encounter for fracture.
right ankle, subsequent encounter for fracture with routine healing.
right ankle, subsequent encounter for fracture with delayed healing.
right ankle, subsequent encounter for fracture with nonunion.
right ankle, subsequent encounter for fracture with malunion.
left ankle, initial encounter for fracture.
left ankle, subsequent encounter for fracture with routine healing.
left ankle, subsequent encounter for fracture with delayed healing.
left ankle, subsequent encounter for fracture with nonunion.
left ankle, subsequent encounter for fracture with malunion.
correcting the clinical category
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Fmt 4700
Sfmt 4700
assignments by removing the surgical
option.
E:\FR\FM\10APR1.SGM
10APR1
25146
Federal Register / Vol. 89, No. 70 / Wednesday, April 10, 2024 / Rules and Regulations
TABLE 2—AFFECTED CODES FROM THE MAPPING OF THE ICD–10–CM RECORDED IN ITEM I0020B OF THE MDS
ASSESSMENT TO PDPM CLINICAL CATEGORIES REMOVING SURGICAL OPTION
ddrumheller on DSK120RN23PROD with RULES1
ICD–10–CM
code
ICD–10–CM code description
M84551S ..........
M84552S ..........
S42201A ...........
S42201D ...........
S42201G ..........
S42201K ...........
S42201P ...........
S42202A ...........
S42202D ...........
S42202G ..........
S42202K ...........
S42202P ...........
S42214A ...........
S42214D ...........
S42214G ..........
S42214K ...........
S42214P ...........
S42215A ...........
S42215D ...........
S42215G ..........
S42215K ...........
S42215P ...........
S42224D ...........
S42224K ...........
S42224P ...........
S42225D ...........
S42225K ...........
S42225P ...........
S42231D ...........
S42231K ...........
S42231P ...........
S42232D ...........
S42232K ...........
S42232P ...........
S42241D ...........
S42241K ...........
S42241P ...........
S42242D ...........
S42242K ...........
S42242P ...........
S42254A ...........
S42254D ...........
S42254G ..........
S42254K ...........
S42254P ...........
S42255A ...........
S42255D ...........
S42255G ..........
S42255K ...........
S42255P ...........
S42264A ...........
S42264D ...........
S42264G ..........
S42264K ...........
S42264P ...........
S42265A ...........
S42265D ...........
S42265G ..........
S42265K ...........
S42265P ...........
S42271A ...........
S42271D ...........
S42271G ..........
S42271K ...........
S42271P ...........
S42272A ...........
S42272D ...........
S42272G ..........
S42272K ...........
S42272P ...........
VerDate Sep<11>2014
Pathological fracture in neoplastic disease, right femur, sequela.
Pathological fracture in neoplastic disease, left femur, sequela.
Unspecified fracture of upper end of right humerus, initial encounter for closed fracture.
Unspecified fracture of upper end of right humerus, subsequent encounter for fracture with routine healing.
Unspecified fracture of upper end of right humerus, subsequent encounter for fracture with delayed healing.
Unspecified fracture of upper end of right humerus, subsequent encounter for fracture with nonunion.
Unspecified fracture of upper end of right humerus, subsequent encounter for fracture with malunion.
Unspecified fracture of upper end of left humerus, initial encounter for closed fracture.
Unspecified fracture of upper end of left humerus, subsequent encounter for fracture with routine healing.
Unspecified fracture of upper end of left humerus, subsequent encounter for fracture with delayed healing.
Unspecified fracture of upper end of left humerus, subsequent encounter for fracture with nonunion.
Unspecified fracture of upper end of left humerus, subsequent encounter for fracture with malunion.
Unspecified nondisplaced fracture of surgical neck of right humerus, initial encounter for closed fracture.
Unspecified nondisplaced fracture of surgical neck of right humerus, subsequent encounter for fracture with routine healing.
Unspecified nondisplaced fracture of surgical neck of right humerus, subsequent encounter for fracture with delayed healing.
Unspecified nondisplaced fracture of surgical neck of right humerus, subsequent encounter for fracture with nonunion.
Unspecified nondisplaced fracture of surgical neck of right humerus, subsequent encounter for fracture with malunion.
Unspecified nondisplaced fracture of surgical neck of left humerus, initial encounter for closed fracture.
Unspecified nondisplaced fracture of surgical neck of left humerus, subsequent encounter for fracture with routine healing.
Unspecified nondisplaced fracture of surgical neck of left humerus, subsequent encounter for fracture with delayed healing.
Unspecified nondisplaced fracture of surgical neck of left humerus, subsequent encounter for fracture with nonunion.
Unspecified nondisplaced fracture of surgical neck of left humerus, subsequent encounter for fracture with malunion.
2-part nondisplaced fracture of surgical neck of right humerus, subsequent encounter for fracture with routine healing.
2-part nondisplaced fracture of surgical neck of right humerus, subsequent encounter for fracture with nonunion.
2-part nondisplaced fracture of surgical neck of right humerus, subsequent encounter for fracture with malunion.
2-part nondisplaced fracture of surgical neck of left humerus, subsequent encounter for fracture with routine healing.
2-part nondisplaced fracture of surgical neck of left humerus, subsequent encounter for fracture with nonunion.
2-part nondisplaced fracture of surgical neck of left humerus, subsequent encounter for fracture with malunion.
3-part fracture of surgical neck of right humerus, subsequent encounter for fracture with routine healing.
3-part fracture of surgical neck of right humerus, subsequent encounter for fracture with nonunion.
3-part fracture of surgical neck of right humerus, subsequent encounter for fracture with malunion.
3-part fracture of surgical neck of left humerus, subsequent encounter for fracture with routine healing.
3-part fracture of surgical neck of left humerus, subsequent encounter for fracture with nonunion.
3-part fracture of surgical neck of left humerus, subsequent encounter for fracture with malunion.
4-part fracture of surgical neck of right humerus, subsequent encounter for fracture with routine healing.
4-part fracture of surgical neck of right humerus, subsequent encounter for fracture with nonunion.
4-part fracture of surgical neck of right humerus, subsequent encounter for fracture with malunion.
4-part fracture of surgical neck of left humerus, subsequent encounter for fracture with routine healing.
4-part fracture of surgical neck of left humerus, subsequent encounter for fracture with nonunion.
4-part fracture of surgical neck of left humerus, subsequent encounter for fracture with malunion.
Nondisplaced fracture of greater tuberosity of right humerus, initial encounter for closed fracture.
Nondisplaced fracture of greater tuberosity of right humerus, subsequent encounter for fracture with routine healing.
Nondisplaced fracture of greater tuberosity of right humerus, subsequent encounter for fracture with delayed healing.
Nondisplaced fracture of greater tuberosity of right humerus, subsequent encounter for fracture with nonunion.
Nondisplaced fracture of greater tuberosity of right humerus, subsequent encounter for fracture with malunion.
Nondisplaced fracture of greater tuberosity of left humerus, initial encounter for closed fracture.
Nondisplaced fracture of greater tuberosity of left humerus, subsequent encounter for fracture with routine healing.
Nondisplaced fracture of greater tuberosity of left humerus, subsequent encounter for fracture with delayed healing.
Nondisplaced fracture of greater tuberosity of left humerus, subsequent encounter for fracture with nonunion.
Nondisplaced fracture of greater tuberosity of left humerus, subsequent encounter for fracture with malunion.
Nondisplaced fracture of lesser tuberosity of right humerus, initial encounter for closed fracture.
Nondisplaced fracture of lesser tuberosity of right humerus, subsequent encounter for fracture with routine healing.
Nondisplaced fracture of lesser tuberosity of right humerus, subsequent encounter for fracture with delayed healing.
Nondisplaced fracture of lesser tuberosity of right humerus, subsequent encounter for fracture with nonunion.
Nondisplaced fracture of lesser tuberosity of right humerus, subsequent encounter for fracture with malunion.
Nondisplaced fracture of lesser tuberosity of left humerus, initial encounter for closed fracture.
Nondisplaced fracture of lesser tuberosity of left humerus, subsequent encounter for fracture with routine healing.
Nondisplaced fracture of lesser tuberosity of left humerus, subsequent encounter for fracture with delayed healing.
Nondisplaced fracture of lesser tuberosity of left humerus, subsequent encounter for fracture with nonunion.
Nondisplaced fracture of lesser tuberosity of left humerus, subsequent encounter for fracture with malunion.
Torus fracture of upper end of right humerus, initial encounter for closed fracture.
Torus fracture of upper end of right humerus, subsequent encounter for fracture with routine healing.
Torus fracture of upper end of right humerus, subsequent encounter for fracture with delayed healing.
Torus fracture of upper end of right humerus, subsequent encounter for fracture with nonunion.
Torus fracture of upper end of right humerus, subsequent encounter for fracture with malunion.
Torus fracture of upper end of left humerus, initial encounter for closed fracture.
Torus fracture of upper end of left humerus, subsequent encounter for fracture with routine healing.
Torus fracture of upper end of left humerus, subsequent encounter for fracture with delayed healing.
Torus fracture of upper end of left humerus, subsequent encounter for fracture with nonunion.
Torus fracture of upper end of left humerus, subsequent encounter for fracture with malunion.
16:36 Apr 09, 2024
Jkt 262001
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Sfmt 4700
E:\FR\FM\10APR1.SGM
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Federal Register / Vol. 89, No. 70 / Wednesday, April 10, 2024 / Rules and Regulations
25147
TABLE 2—AFFECTED CODES FROM THE MAPPING OF THE ICD–10–CM RECORDED IN ITEM I0020B OF THE MDS
ASSESSMENT TO PDPM CLINICAL CATEGORIES REMOVING SURGICAL OPTION—Continued
ICD–10–CM
code
S42294A
S42294D
S42294G
S42294K
S42294P
S42295A
S42295D
S42295G
S42295K
S42295P
ICD–10–CM code description
...........
...........
..........
...........
...........
...........
...........
..........
...........
...........
Other
Other
Other
Other
Other
Other
Other
Other
Other
Other
nondisplaced
nondisplaced
nondisplaced
nondisplaced
nondisplaced
nondisplaced
nondisplaced
nondisplaced
nondisplaced
nondisplaced
fracture
fracture
fracture
fracture
fracture
fracture
fracture
fracture
fracture
fracture
Given these errors, we are
republishing the PDPM ICD–10 code
mappings accordingly on the CMS
website at https://www.cms.gov/
medicare/medicare-fee-for-servicepayment/snfpps/pdpm, applicable to
October 1, 2023.
ddrumheller on DSK120RN23PROD with RULES1
III. Waiver of Proposed Rulemaking
Under section 553(b) of the
Administrative Procedure Act (the APA)
(5 U.S.C. 553(b)), 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 for
notice of the proposed rule in the
Federal Register and provide a period of
not less than 60 days for public
comment. In addition, section 553(d) of
the APA and section 1871(e)(1)(B)(i) of
the Act mandate a 30-day delay in
effective date after issuance or
publication of a rule. Sections 553(b)(B)
and 553(d)(3) of the APA provide for
exceptions from the APA notice and
comment, and delay in effective date
requirements; in cases in which these
exceptions apply, sections 1871(b)(2)(C)
and 1871(e)(1)(B)(ii) of the Act provide
exceptions from the notice and 60-day
comment period and delay in effective
date requirements of the Act as well.
Section 553(b)(B) of the APA and
section 1871(b)(2)(C) of the Act
authorize an agency to dispense with
normal notice and comment rulemaking
procedures for good cause if the agency
makes a finding that the notice and
comment process is impracticable,
unnecessary, or contrary to the public
interest, and includes a statement of the
finding and the reasons for it in the rule.
In addition, section 553(d)(3) of the
APA and section 1871(e)(1)(B)(ii) allow
the agency to avoid the 30-day delay in
effective date where such delay is
contrary to the public interest and the
VerDate Sep<11>2014
16:36 Apr 09, 2024
Jkt 262001
of
of
of
of
of
of
of
of
of
of
upper
upper
upper
upper
upper
upper
upper
upper
upper
upper
end
end
end
end
end
end
end
end
end
end
of
of
of
of
of
of
of
of
of
of
right humerus, initial encounter for closed fracture.
right humerus, subsequent encounter for fracture with routine healing.
right humerus, subsequent encounter for fracture with delayed healing.
right humerus, subsequent encounter for fracture with nonunion.
right humerus, subsequent encounter for fracture with malunion.
left humerus, initial encounter for closed fracture.
left humerus, subsequent encounter for fracture with routine healing.
left humerus, subsequent encounter for fracture with delayed healing.
left humerus, subsequent encounter for fracture with nonunion.
left humerus, subsequent encounter for fracture with malunion.
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 notice and comment
requirements. This document merely
corrects technical errors in the FY 2024
SNF PPS final rule and in the tables
referenced in the 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 FY 2024 SNF PPS 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. It is in the public interest
for providers to receive appropriate
payments in as timely a manner as
possible, and to ensure that the FY 2024
SNF PPS final rule and the tables
referenced in the final rule accurately
reflect our methodologies, payment
rates, and policies. This correcting
document ensures that the FY 2024 SNF
PPS final rule and the tables referenced
in the final rule accurately reflect these
methodologies and policies. Therefore,
we believe we have good cause to waive
the notice and comment and effective
date requirements.
IV. Correction of Errors in the Preamble
In FR Doc. 2023–16249 of August 7,
2023 (88 FR 53200), make the following
corrections:
1. On page 53221, second column,
third full paragraph:
a. Second sentence that reads, ‘‘We
proposed adding the surgical option that
allows 45 subcategory S42.2—codes for
displaced fractures to be eligible for one
of two orthopedic surgery categories.’’ is
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
corrected to read, ‘‘We proposed adding
the surgical option that allows 46
subcategory S42.2—codes for displaced
fractures to be eligible for one of two
orthopedic surgery categories.’’
b. Fourth sentence that reads, ‘‘We
also proposed adding the surgical
option to subcategory 46 M84.5—codes
for pathological fractures to certain
major weight-bearing bones to be
eligible for one of two orthopedic
surgery categories.’’ is corrected to read,
‘‘We also proposed adding the surgical
option to subcategory 45 M84.5—codes
for pathological fractures to certain
major weight-bearing bones to be
eligible for one of two orthopedic
surgery categories.’’
Elizabeth J. Gramling,
Executive Secretary to the Department,
Department of Health and Human Services.
[FR Doc. 2024–07522 Filed 4–9–24; 8:45 am]
BILLING CODE 4120–01–P
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47 CFR Parts 36, 51, and 54
[WC Docket Nos. 10–90, 23–328, 14–58, 09–
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FR ID 204795]
Connect America Fund, Alaska
Connect Fund, ETC Annual Reports
and Certifications,
Telecommunications Carriers Eligible
To Receive Universal Service Support,
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Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the Federal
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E:\FR\FM\10APR1.SGM
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Agencies
[Federal Register Volume 89, Number 70 (Wednesday, April 10, 2024)]
[Rules and Regulations]
[Pages 25144-25147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07522]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 411, 413, 488, and 489
[CMS-1779-F2]
RIN 0938-AV02
Medicare Program; Prospective Payment System and Consolidated
Billing for Skilled Nursing Facilities; Updates to the Quality
Reporting Program and Value-Based Purchasing Program for Federal Fiscal
Year 2024; Corrections
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 August 7, 2023 Federal Register, entitled ``Medicare
Program; Prospective Payment System and Consolidated Billing for
Skilled Nursing Facilities; Updates to the Quality Reporting Program
and Value-Based Purchasing Program for Federal Fiscal Year 2024''. The
effective date was October 1, 2023.
DATES: This correcting document is effective April 10, 2024, and is
applicable beginning October 1, 2023.
FOR FURTHER INFORMATION CONTACT: John Kane, (410) 786-0557, for
information related to the SNF PPS.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2023-16249 of August 7, 2023 (88 FR 53200), 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 final rule entitled ``Medicare Program; Prospective Payment
System and Consolidated Billing for Skilled Nursing Facilities; Updates
to the Quality Reporting Program and Value-Based Purchasing Program for
Federal Fiscal Year 2024'' (hereinafter referred to as the FY 2024 SNF
PPS final rule), which was effective October 1, 2023.
II. Summary of Errors
A. Summary of Errors in the Preamble
On page 53221 of the FY 2024 SNF PPS final rule (88 FR 53200), we
discussed our proposal to add the surgical option that allows a subset
of subcategory 42.2--codes for displaced fractures to be eligible for
one of two orthopedic surgery categories. Additionally, we stated that
we would add this surgical option to the subcategory of M84.5--codes
for pathological fractures to certain weight bearing bones to be
eligible for one of two orthopedic surgery categories. In the final
rule, we inadvertently stated that this proposal applied to 45 of the
codes within the subcategory S42.2 codes and to 46 of the codes within
the subcategory M84.5 codes. However, these numbers were inadvertently
swapped, meaning that the proposal applied to 46 of the codes within
the subcategory S42.2 codes and to 45 of the codes within the
subcategory M84.5 codes. We are correcting these errors.
B. Summary and Corrections of Errors to Tables Posted on the CMS
Website for the PDPM ICD-10 Mappings
We are correcting the following errors to the FY 2024 Patient
Driven Payment Model (PDPM) ICD-10-CM mappings (hereinafter referred to
as PDPM ICD-10 code mappings) that were made available on the CMS
website at https://www.cms.gov/medicare/medicare-fee-for-service-payment/snfpps/pdpm in conjunction with the release of the FY 2024 SNF
PPS final rule, as corrected by the correction notification that
appeared in the October 4, 2023 Federal Register, entitled ``Medicare
Program; Prospective
[[Page 25145]]
Payment System and Consolidated Billing for Skilled Nursing Facilities;
Updates to the Quality Reporting Program and Value-Based Purchasing
Program for Federal Fiscal Year 2024; Correction'' (88 FR 68486). The
FY 2024 PDPM ICD-10 code mappings file may be accessed from the list of
items under the ``PDPM Resources'' section of the website with an
effective date of ``10-01-2023''.
The first table in the FY 2024 PDPM ICD-10 code mappings file
displays the list of ICD-10 codes that are recorded in Item I0020B ICD
Code of the Minimum Data Set (MDS) assessment to determine a patient's
clinical category assignment under PDPM. First, we are correcting
errors in the clinical category assignment of 2 codes, B99.8 (Other
infectious disease) and B99.9 (Unspecified infectious disease) (lines
1071 and 1072 of the Excel spreadsheet) to reinstate their prior year's
assignments from the FY 2023 SNF PPS final rule, as we proposed no
changes in clinical categories in this code range in the FY 2024 SNF
PPS proposed rule nor finalized them in the FY 2024 SNF PPS final rule.
As such, the clinical category mapping for these two codes will be
corrected to be ``Medical Management''.
Second, we are correcting errors in the clinical category
assignments of codes within the S42.2 subcategory of ICD-10 codes
(lines 32154 et seq.) and the M84.5 subcategory of ICD-10 codes (lines
17229 et seq.). As discussed in the FY 2024 SNF PPS final rule (88 FR
53221), we had proposed to add the surgical option that allows a subset
of subcategory 42.2--codes for displaced fractures to be eligible for
one of two orthopedic surgery categories. Additionally, we stated that
we would add this surgical option to the subcategory of M84.5--codes
for pathological fractures to certain weight bearing bones to be
eligible for one of two orthopedic surgery categories. However, when
updating the PDPM ICD-10 mapping for FY 2024 to reflect these changes,
we inadvertently added the surgical option to a selection of ICD-10
codes for which we did not propose any changes. Further, we
inadvertently did not add the surgical option for a selection of ICD-10
codes for which we did propose to do so.
Table 1 displays the list of affected ICD-10 codes for which we are
correcting the clinical category assignments by adding the surgical
option.
Table 1--Affected Codes From the Mapping of the ICD-10-CM Recorded in
Item I0020B of the MDS Assessment to PDPM Clinical Categories Adding
Surgical Option
------------------------------------------------------------------------
ICD-10-CM code ICD-10-CM code description
------------------------------------------------------------------------
M84550A.................. Pathological fracture in neoplastic disease,
pelvis, initial encounter for fracture.
M84550D.................. Pathological fracture in neoplastic disease,
pelvis, subsequent encounter for fracture
with routine healing.
M84550G.................. Pathological fracture in neoplastic disease,
pelvis, subsequent encounter for fracture
with delayed healing.
M84550K.................. Pathological fracture in neoplastic disease,
pelvis, subsequent encounter for fracture
with nonunion.
M84550P.................. Pathological fracture in neoplastic disease,
pelvis, subsequent encounter for fracture
with malunion.
M84561A.................. Pathological fracture in neoplastic disease,
right tibia, initial encounter for fracture.
M84561D.................. Pathological fracture in neoplastic disease,
right tibia, subsequent encounter for
fracture with routine healing.
M84561G.................. Pathological fracture in neoplastic disease,
right tibia, subsequent encounter for
fracture with delayed healing.
M84561K.................. Pathological fracture in neoplastic disease,
right tibia, subsequent encounter for
fracture with nonunion.
M84561P.................. Pathological fracture in neoplastic disease,
right tibia, subsequent encounter for
fracture with malunion.
M84562A.................. Pathological fracture in neoplastic disease,
left tibia, initial encounter for fracture.
M84562D.................. Pathological fracture in neoplastic disease,
left tibia, subsequent encounter for
fracture with routine healing.
M84562G.................. Pathological fracture in neoplastic disease,
left tibia, subsequent encounter for
fracture with delayed healing.
M84562K.................. Pathological fracture in neoplastic disease,
left tibia, subsequent encounter for
fracture with nonunion.
M84562P.................. Pathological fracture in neoplastic disease,
left tibia, subsequent encounter for
fracture with malunion.
M84563A.................. Pathological fracture in neoplastic disease,
right fibula, initial encounter for
fracture.
M84563D.................. Pathological fracture in neoplastic disease,
right fibula, subsequent encounter for
fracture with routine healing.
M84563G.................. Pathological fracture in neoplastic disease,
right fibula, subsequent encounter for
fracture with delayed healing.
M84563K.................. Pathological fracture in neoplastic disease,
right fibula, subsequent encounter for
fracture with nonunion.
M84563P.................. Pathological fracture in neoplastic disease,
right fibula, subsequent encounter for
fracture with malunion.
M84564A.................. Pathological fracture in neoplastic disease,
left fibula, initial encounter for fracture.
M84564D.................. Pathological fracture in neoplastic disease,
left fibula, subsequent encounter for
fracture with routine healing.
M84564G.................. Pathological fracture in neoplastic disease,
left fibula, subsequent encounter for
fracture with delayed healing.
M84564K.................. Pathological fracture in neoplastic disease,
left fibula, subsequent encounter for
fracture with nonunion.
M84564P.................. Pathological fracture in neoplastic disease,
left fibula, subsequent encounter for
fracture with malunion.
M84571A.................. Pathological fracture in neoplastic disease,
right ankle, initial encounter for fracture.
M84571D.................. Pathological fracture in neoplastic disease,
right ankle, subsequent encounter for
fracture with routine healing.
M84571G.................. Pathological fracture in neoplastic disease,
right ankle, subsequent encounter for
fracture with delayed healing.
M84571K.................. Pathological fracture in neoplastic disease,
right ankle, subsequent encounter for
fracture with nonunion.
M84571P.................. Pathological fracture in neoplastic disease,
right ankle, subsequent encounter for
fracture with malunion.
M84572A.................. Pathological fracture in neoplastic disease,
left ankle, initial encounter for fracture.
M84572D.................. Pathological fracture in neoplastic disease,
left ankle, subsequent encounter for
fracture with routine healing.
M84572G.................. Pathological fracture in neoplastic disease,
left ankle, subsequent encounter for
fracture with delayed healing.
M84572K.................. Pathological fracture in neoplastic disease,
left ankle, subsequent encounter for
fracture with nonunion.
M84572P.................. Pathological fracture in neoplastic disease,
left ankle, subsequent encounter for
fracture with malunion.
------------------------------------------------------------------------
Table 2 displays the list of affected ICD-10 codes for which we are
correcting the clinical category assignments by removing the surgical
option.
[[Page 25146]]
Table 2--Affected Codes From the Mapping of the ICD-10-CM Recorded in
Item I0020B of the MDS Assessment to PDPM Clinical Categories Removing
Surgical Option
------------------------------------------------------------------------
ICD-10-CM code ICD-10-CM code description
------------------------------------------------------------------------
M84551S.................. Pathological fracture in neoplastic disease,
right femur, sequela.
M84552S.................. Pathological fracture in neoplastic disease,
left femur, sequela.
S42201A.................. Unspecified fracture of upper end of right
humerus, initial encounter for closed
fracture.
S42201D.................. Unspecified fracture of upper end of right
humerus, subsequent encounter for fracture
with routine healing.
S42201G.................. Unspecified fracture of upper end of right
humerus, subsequent encounter for fracture
with delayed healing.
S42201K.................. Unspecified fracture of upper end of right
humerus, subsequent encounter for fracture
with nonunion.
S42201P.................. Unspecified fracture of upper end of right
humerus, subsequent encounter for fracture
with malunion.
S42202A.................. Unspecified fracture of upper end of left
humerus, initial encounter for closed
fracture.
S42202D.................. Unspecified fracture of upper end of left
humerus, subsequent encounter for fracture
with routine healing.
S42202G.................. Unspecified fracture of upper end of left
humerus, subsequent encounter for fracture
with delayed healing.
S42202K.................. Unspecified fracture of upper end of left
humerus, subsequent encounter for fracture
with nonunion.
S42202P.................. Unspecified fracture of upper end of left
humerus, subsequent encounter for fracture
with malunion.
S42214A.................. Unspecified nondisplaced fracture of surgical
neck of right humerus, initial encounter for
closed fracture.
S42214D.................. Unspecified nondisplaced fracture of surgical
neck of right humerus, subsequent encounter
for fracture with routine healing.
S42214G.................. Unspecified nondisplaced fracture of surgical
neck of right humerus, subsequent encounter
for fracture with delayed healing.
S42214K.................. Unspecified nondisplaced fracture of surgical
neck of right humerus, subsequent encounter
for fracture with nonunion.
S42214P.................. Unspecified nondisplaced fracture of surgical
neck of right humerus, subsequent encounter
for fracture with malunion.
S42215A.................. Unspecified nondisplaced fracture of surgical
neck of left humerus, initial encounter for
closed fracture.
S42215D.................. Unspecified nondisplaced fracture of surgical
neck of left humerus, subsequent encounter
for fracture with routine healing.
S42215G.................. Unspecified nondisplaced fracture of surgical
neck of left humerus, subsequent encounter
for fracture with delayed healing.
S42215K.................. Unspecified nondisplaced fracture of surgical
neck of left humerus, subsequent encounter
for fracture with nonunion.
S42215P.................. Unspecified nondisplaced fracture of surgical
neck of left humerus, subsequent encounter
for fracture with malunion.
S42224D.................. 2-part nondisplaced fracture of surgical neck
of right humerus, subsequent encounter for
fracture with routine healing.
S42224K.................. 2-part nondisplaced fracture of surgical neck
of right humerus, subsequent encounter for
fracture with nonunion.
S42224P.................. 2-part nondisplaced fracture of surgical neck
of right humerus, subsequent encounter for
fracture with malunion.
S42225D.................. 2-part nondisplaced fracture of surgical neck
of left humerus, subsequent encounter for
fracture with routine healing.
S42225K.................. 2-part nondisplaced fracture of surgical neck
of left humerus, subsequent encounter for
fracture with nonunion.
S42225P.................. 2-part nondisplaced fracture of surgical neck
of left humerus, subsequent encounter for
fracture with malunion.
S42231D.................. 3-part fracture of surgical neck of right
humerus, subsequent encounter for fracture
with routine healing.
S42231K.................. 3-part fracture of surgical neck of right
humerus, subsequent encounter for fracture
with nonunion.
S42231P.................. 3-part fracture of surgical neck of right
humerus, subsequent encounter for fracture
with malunion.
S42232D.................. 3-part fracture of surgical neck of left
humerus, subsequent encounter for fracture
with routine healing.
S42232K.................. 3-part fracture of surgical neck of left
humerus, subsequent encounter for fracture
with nonunion.
S42232P.................. 3-part fracture of surgical neck of left
humerus, subsequent encounter for fracture
with malunion.
S42241D.................. 4-part fracture of surgical neck of right
humerus, subsequent encounter for fracture
with routine healing.
S42241K.................. 4-part fracture of surgical neck of right
humerus, subsequent encounter for fracture
with nonunion.
S42241P.................. 4-part fracture of surgical neck of right
humerus, subsequent encounter for fracture
with malunion.
S42242D.................. 4-part fracture of surgical neck of left
humerus, subsequent encounter for fracture
with routine healing.
S42242K.................. 4-part fracture of surgical neck of left
humerus, subsequent encounter for fracture
with nonunion.
S42242P.................. 4-part fracture of surgical neck of left
humerus, subsequent encounter for fracture
with malunion.
S42254A.................. Nondisplaced fracture of greater tuberosity
of right humerus, initial encounter for
closed fracture.
S42254D.................. Nondisplaced fracture of greater tuberosity
of right humerus, subsequent encounter for
fracture with routine healing.
S42254G.................. Nondisplaced fracture of greater tuberosity
of right humerus, subsequent encounter for
fracture with delayed healing.
S42254K.................. Nondisplaced fracture of greater tuberosity
of right humerus, subsequent encounter for
fracture with nonunion.
S42254P.................. Nondisplaced fracture of greater tuberosity
of right humerus, subsequent encounter for
fracture with malunion.
S42255A.................. Nondisplaced fracture of greater tuberosity
of left humerus, initial encounter for
closed fracture.
S42255D.................. Nondisplaced fracture of greater tuberosity
of left humerus, subsequent encounter for
fracture with routine healing.
S42255G.................. Nondisplaced fracture of greater tuberosity
of left humerus, subsequent encounter for
fracture with delayed healing.
S42255K.................. Nondisplaced fracture of greater tuberosity
of left humerus, subsequent encounter for
fracture with nonunion.
S42255P.................. Nondisplaced fracture of greater tuberosity
of left humerus, subsequent encounter for
fracture with malunion.
S42264A.................. Nondisplaced fracture of lesser tuberosity of
right humerus, initial encounter for closed
fracture.
S42264D.................. Nondisplaced fracture of lesser tuberosity of
right humerus, subsequent encounter for
fracture with routine healing.
S42264G.................. Nondisplaced fracture of lesser tuberosity of
right humerus, subsequent encounter for
fracture with delayed healing.
S42264K.................. Nondisplaced fracture of lesser tuberosity of
right humerus, subsequent encounter for
fracture with nonunion.
S42264P.................. Nondisplaced fracture of lesser tuberosity of
right humerus, subsequent encounter for
fracture with malunion.
S42265A.................. Nondisplaced fracture of lesser tuberosity of
left humerus, initial encounter for closed
fracture.
S42265D.................. Nondisplaced fracture of lesser tuberosity of
left humerus, subsequent encounter for
fracture with routine healing.
S42265G.................. Nondisplaced fracture of lesser tuberosity of
left humerus, subsequent encounter for
fracture with delayed healing.
S42265K.................. Nondisplaced fracture of lesser tuberosity of
left humerus, subsequent encounter for
fracture with nonunion.
S42265P.................. Nondisplaced fracture of lesser tuberosity of
left humerus, subsequent encounter for
fracture with malunion.
S42271A.................. Torus fracture of upper end of right humerus,
initial encounter for closed fracture.
S42271D.................. Torus fracture of upper end of right humerus,
subsequent encounter for fracture with
routine healing.
S42271G.................. Torus fracture of upper end of right humerus,
subsequent encounter for fracture with
delayed healing.
S42271K.................. Torus fracture of upper end of right humerus,
subsequent encounter for fracture with
nonunion.
S42271P.................. Torus fracture of upper end of right humerus,
subsequent encounter for fracture with
malunion.
S42272A.................. Torus fracture of upper end of left humerus,
initial encounter for closed fracture.
S42272D.................. Torus fracture of upper end of left humerus,
subsequent encounter for fracture with
routine healing.
S42272G.................. Torus fracture of upper end of left humerus,
subsequent encounter for fracture with
delayed healing.
S42272K.................. Torus fracture of upper end of left humerus,
subsequent encounter for fracture with
nonunion.
S42272P.................. Torus fracture of upper end of left humerus,
subsequent encounter for fracture with
malunion.
[[Page 25147]]
S42294A.................. Other nondisplaced fracture of upper end of
right humerus, initial encounter for closed
fracture.
S42294D.................. Other nondisplaced fracture of upper end of
right humerus, subsequent encounter for
fracture with routine healing.
S42294G.................. Other nondisplaced fracture of upper end of
right humerus, subsequent encounter for
fracture with delayed healing.
S42294K.................. Other nondisplaced fracture of upper end of
right humerus, subsequent encounter for
fracture with nonunion.
S42294P.................. Other nondisplaced fracture of upper end of
right humerus, subsequent encounter for
fracture with malunion.
S42295A.................. Other nondisplaced fracture of upper end of
left humerus, initial encounter for closed
fracture.
S42295D.................. Other nondisplaced fracture of upper end of
left humerus, subsequent encounter for
fracture with routine healing.
S42295G.................. Other nondisplaced fracture of upper end of
left humerus, subsequent encounter for
fracture with delayed healing.
S42295K.................. Other nondisplaced fracture of upper end of
left humerus, subsequent encounter for
fracture with nonunion.
S42295P.................. Other nondisplaced fracture of upper end of
left humerus, subsequent encounter for
fracture with malunion.
------------------------------------------------------------------------
Given these errors, we are republishing the PDPM ICD-10 code
mappings accordingly on the CMS website at https://www.cms.gov/medicare/medicare-fee-for-service-payment/snfpps/pdpm, applicable to
October 1, 2023.
III. Waiver of Proposed Rulemaking
Under section 553(b) of the Administrative Procedure Act (the APA)
(5 U.S.C. 553(b)), 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 for notice of the
proposed rule in the Federal Register and provide a period of not less
than 60 days for public comment. In addition, section 553(d) of the APA
and section 1871(e)(1)(B)(i) of the Act mandate a 30-day delay in
effective date after issuance or publication of a rule. Sections
553(b)(B) and 553(d)(3) of the APA provide for exceptions from the APA
notice and comment, and delay in effective date requirements; in cases
in which these exceptions apply, sections 1871(b)(2)(C) and
1871(e)(1)(B)(ii) of the Act provide exceptions from the notice and 60-
day comment period and delay in effective date requirements of the Act
as well. Section 553(b)(B) of the APA and section 1871(b)(2)(C) of the
Act authorize an agency to dispense with normal notice and comment
rulemaking procedures for good cause if the agency makes a finding that
the notice and comment process is impracticable, unnecessary, or
contrary to the public interest, and includes a statement of the
finding and the reasons for it in the rule. In addition, section
553(d)(3) of the APA and section 1871(e)(1)(B)(ii) allow the agency to
avoid the 30-day delay in effective date where such delay is contrary
to the public interest and the agency includes in the rule a statement
of the finding and the reasons for it.
In our view, this correcting document does not constitute a
rulemaking that would be subject to notice and comment requirements.
This document merely corrects technical errors in the FY 2024 SNF PPS
final rule and in the tables referenced in the 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 FY 2024 SNF PPS 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. It is in the
public interest for providers to receive appropriate payments in as
timely a manner as possible, and to ensure that the FY 2024 SNF PPS
final rule and the tables referenced in the final rule accurately
reflect our methodologies, payment rates, and policies. This correcting
document ensures that the FY 2024 SNF PPS final rule and the tables
referenced in the final rule accurately reflect these methodologies and
policies. Therefore, we believe we have good cause to waive the notice
and comment and effective date requirements.
IV. Correction of Errors in the Preamble
In FR Doc. 2023-16249 of August 7, 2023 (88 FR 53200), make the
following corrections:
1. On page 53221, second column, third full paragraph:
a. Second sentence that reads, ``We proposed adding the surgical
option that allows 45 subcategory S42.2--codes for displaced fractures
to be eligible for one of two orthopedic surgery categories.'' is
corrected to read, ``We proposed adding the surgical option that allows
46 subcategory S42.2--codes for displaced fractures to be eligible for
one of two orthopedic surgery categories.''
b. Fourth sentence that reads, ``We also proposed adding the
surgical option to subcategory 46 M84.5--codes for pathological
fractures to certain major weight-bearing bones to be eligible for one
of two orthopedic surgery categories.'' is corrected to read, ``We also
proposed adding the surgical option to subcategory 45 M84.5--codes for
pathological fractures to certain major weight-bearing bones to be
eligible for one of two orthopedic surgery categories.''
Elizabeth J. Gramling,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2024-07522 Filed 4-9-24; 8:45 am]
BILLING CODE 4120-01-P