Medicare Program; FY 2025 Hospice Wage Index and Payment Rate Update, Hospice Conditions of Participation Updates, and Hospice Quality Reporting Program Requirements; Correction, 79764-79767 [2024-22495]
Download as PDF
<![CDATA[
79764
Federal Register / Vol. 89, No. 190 / Tuesday, October 1, 2024 / Rules and Regulations
reference are available from the North
Carolina Department of Environmental
Quality, 217 West Jones Street, Raleigh,
North Carolina, 27603 (physical address);
1646 Mail Service Center, Raleigh, North
Carolina 27699–1646 (mailing address);
Phone number: (919) 707–8200; website:
https://www.deq.nc.gov/about/divisions/
waste-management/underground-storagetanks-section/underground-storage-tanksrules.
II. Summary of Errors
[FR Doc. 2024–22541 Filed 9–30–24; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Part 418
[CMS–1810–CN]
RIN 0938–AV29
Medicare Program; FY 2025 Hospice
Wage Index and Payment Rate Update,
Hospice Conditions of Participation
Updates, and Hospice Quality
Reporting Program Requirements;
Correction
Centers for Medicare &
Medicaid Services (CMS), Department
of Health and Human Services (HHS).
ACTION: Final rule; correction.
AGENCY:
This document corrects
technical and typographical errors in
the final rule that appeared in the
August 6, 2024 Federal Register titled
‘‘Medicare Program; FY 2025 Hospice
Wage Index and Payment Rate Update,
Hospice Conditions of Participation
Updates, and Hospice Quality Reporting
Program Requirements’’.
DATES: This correction is effective on
October 1, 2024.
FOR FURTHER INFORMATION CONTACT:
For questions regarding the hospice
wage index, contact Chantelle Caldwell,
(410) 786–8743.
For general questions about hospice
payment policy, contact the hospice
mailbox at: hospicepolicy@cms.hhs.gov.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
I. Background
In FR Doc. 2024–16910 of August 6,
2024 (89 FR 64202), there were a
number of technical and typographical
errors that are identified and corrected
in this correcting document. The
provisions in this correction document
are effective as if they had been
included in the final rule that appeared
in the August 6, 2024 Federal Register.
Accordingly, the corrections are
effective October 1, 2024.
VerDate Sep<11>2014
16:06 Sep 30, 2024
Jkt 265001
A. Summary of Errors in the Preamble
On page 64207, we made a
typographical error in the reported corebased statistical area (CBSA) name and
wage index value for CBSA 25980,
Hinesville, Georgia. We reported the
CBSA name as Hinesville-Fort Stewart,
Georgia instead of Hinesville, Georgia,
and the FY 2025 hospice wage index
value as 0.8872, instead of 0.8886.
On page 64210, in Table 3, titled
‘‘Urban Counties that Would Change to
Rural Status’’, we inadvertently omitted
FIPS county 09015 Windham County
from the list of counties that were
previously urban but would gain rural
status beginning in FY 2025. Table 3
contains the FIPS codes, county name,
current CBSA number and name of the
counties that will gain rural status in FY
2025. Windham County was previously
designated in CBSA 49340 Worchester,
MA–CT. However, beginning in FY
2025 this county is redesignated into
rural Connecticut (rural area 99907).
Accordingly, we are adding FIPS 09015
Windham County to the list of counties
that will gain rural status beginning in
FY 2025. We also reported a total of 53
counties and county equivalents that are
currently considered urban that would
be considered rural beginning in FY
2025. Therefore, with the addition of
Windham County to the list, we are
correcting that number to 54 counties
and county equivalents.
Windham County is also experiencing
a change to its county name beginning
in FY 2025, as described in the FY 2025
hospice final rule (89 FR 64209) and
will transition from FIPS county 09015
Windham County to 09150 Northeastern
Connecticut planning region.
On page 64222, in Table 8, titled
‘‘Counties That Will Use a Wage Index
Transition Code’’, we inadvertently
omitted FIPS county 09150
‘‘Northeastern Connecticut Planning
Region’’ from the list of counties that
will use a transition code on hospice
claims for FY 2025 instead of the CBSA
number. Table 8 contains the FIPS
codes, county name, current CBSA
number and name, the redesignated FY
2025 CBSA number and name and the
corresponding ‘‘500XX’’ transition code
that must be submitted on hospice
claims for FY 2025 to ensure that
hospice providers who provide services
in certain counties receive that county’s
appropriate wage index value. The
omission of the Northeastern planning
region from Table 8 and the subsequent
unassigned transition code for that
region resulted in two wage index
values being assigned to statewide rural
area 99907 in the FY 2025 hospice final
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
wage index file located at: https://
www.cms.gov/medicare/payment/feefor-service-providers/hospice/hospicewage-index. However, for hospice
claims processing, each CBSA or
statewide rural area can have only one
wage index value assigned to that CBSA
or statewide rural area. Therefore,
hospices that serve beneficiaries in the
Northeastern Connecticut planning
region must use transition code 50030,
instead of the rural statewide code
99907, on hospice claims beginning in
FY 2025. Accordingly, we are adding
FIPS county 09150 ‘‘Northeastern
Connecticut Planning Region’’ to the list
of counties in Table 8 that will use a
transition code on hospice claims for FY
2025 instead of the CBSA number.
This correction does not represent a
change in policy and is consistent with
the finalized transition policy outlined
in the FY 2025 Hospice final rule (89 FR
64220–64224), where beginning in FY
2025, certain counties must use a 500XX
transition code on hospice claims
instead of the statewide rural area or
CBSA code in circumstances where a
county was redesignated into a new
CBSA or rural area and has a different
wage index than the constituent
counties that make up that CBSA or
rural area due to the calculation of the
5-percent cap.
On page 64239, we made a
typographical error. We inadvertently
included the word ‘‘Proposed’’ in the
title of Section III.D.2, which therefore
incorrectly read: ‘‘Implementation of
Two Process Quality Measures Based on
Proposed HOPE Data Collection’’. As
HOPE is finalized as of the FY 2025
final rule, it should not be referred to as
‘‘proposed’’. Therefore, the title of this
Section III.D.2 is corrected to read:
‘‘Implementation of Two Process
Quality Measures Based on HOPE Data
Collection.’’
On page 64240, we made a
typographical error in the sentence
‘‘CMS maintains to avoid creating
unnecessary burden for hospice
providers.’’ The sentence is corrected to
read: ‘‘CMS maintains its commitment
to avoid creating unnecessary burden
for hospice providers.’’
On page 64242, we made a
typographical error in the sentence
‘‘Theses (SFVs) may be performed by
RNs or LPNs/LVNs.’’ The sentence is
corrected to read: ‘‘These SFVs may be
performed by RNs or LPNs/LVNs.’’
On page 64244, under the
undesignated heading ‘‘Public
Availability of Data Submitted’’, we
made two typographical errors. We
stated the following: ‘‘We are finalizing
the decision that the data from the first
quarter Q4 CY 2025, if HOPE data
E:\FR\FM\01OCR1.SGM
01OCR1
khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 190 / Tuesday, October 1, 2024 / Rules and Regulations
collection begins in October 2025, it
will not be used for assessing validity
and reliability of the quality measures.’’
This sentence is corrected to read: ‘‘We
are finalizing the decision that the data
from the first quarter—Q4 CY 2025, if
HOPE data collection begins in October
2025—will not be used for assessing
validity and reliability of the quality
measures.’’
We also inadvertently used the word
‘‘proposed’’ in our discussion of HOPEbased quality measures. HOPE-based
quality measures are finalized as of the
FY 2025 final rule; therefore, they
should not be referred to as ‘‘proposed’’.
The sentence incorrectly read: ‘‘In light
of all the steps required prior to data
being publicly reported, we finalize the
decision that public reporting of the
proposed quality measures will be
implemented no earlier than FY 2028,
allowing ample time for data analysis,
review of measures’ appropriateness for
use for public reporting, and allowing
hospices the required time to review
their own data prior to public
reporting.’’
As HOPE-based quality measures are
finalized as of the FY 2025 final rule;
they should not be referred to as
‘‘proposed’’. Therefore, this sentence is
corrected to read: ‘‘In light of all the
steps required prior to data being
publicly reported, we finalize the
decision that public reporting of the
HOPE-based quality measures will be
implemented no earlier than FY 2028,
allowing ample time for data analysis,
review of measures’ appropriateness for
use for public reporting, and allowing
hospices the required time to review
their own data prior to public
reporting.’’
On page 64260, we made a
typographical error inadvertently stating
that under the Paperwork Reduction Act
of 1995, we are required to provide ‘‘60day notice’’ in the Federal Register and
solicit public comment before a
collection of information requirement is
submitted to the Office of Management
and Budget (OMB) for review and
approval. Instead, we are required to
provide a ‘‘30-day notice.’’
In addition, on page 64260, the
sentence that reads ‘‘The OMB control
number will remain 0938–1153.’’ and
the parenthetical phrase that reads ‘‘(set
out in the PRA accompanying this Rule,
as well as the HOPE Guidance Manual
finalized in this Rule)’’ are removed.
On page 64261, we referred readers to
the HOPE Beta testing report and the
PRA package associated with the rule.
The ‘‘PRA package’’ should have been
referred to as the ‘‘information
collection request’’. In addition, we
inadvertently omitted the expiration
VerDate Sep<11>2014
16:06 Sep 30, 2024
Jkt 265001
date for the information collection
request. The sentence is corrected to
read: ‘‘For additional information
regarding the calculation of HOPE time
and cost burdens, please refer to the
HOPE Beta Testing Report found on the
HOPE web page at https://
www.cms.gov/medicare/quality/
hospice/hope and the information
collection request (OMB control number
0938–1153/Expiration date: 1/31/2026)
associated with this rule found at
https://www.cms.gov/medicare/
regulations-guidance/legislation/
paperwork-reduction-act-1995/pralisting.’’
On page 64262, we made a
typographical error within Table 18.
The cell ‘‘HUV Timepoint’’ is corrected
to read: ‘‘HUV Timepoints.’’
B. Summary of Errors and Corrections
Posted on the CMS Website
As discussed above, we inadvertently
omitted FIPS county number 09150
Northeastern Connecticut planning
region from the list of counties that
must use a 500XX transition code
beginning in FY 2025. That error was
subsequently included in the FY 2025
Hospice wage index file exclusively on
the CMS website at: https://
www.cms.gov/medicare/payment/feefor-service-providers/hospice/hospicewage-index. In Tab 2 of the FY 2025
Hospice Wage Index file labeled ‘‘CT
Counties’’, we are correcting the
erroneous assignment of the
Northeastern Connecticut planning
region to CBSA 99907 for FY 2025, to
reflect the newly assigned wage index
transition code 50030. We are also
correcting the omission of the
Northeastern Planning Region from Tab
3 of the file labeled ‘‘Transition Codes’’,
noting the addition of this region to the
list of counties that must use a 500XX
transition code instead of the statewide
rural area code or CBSA number on the
hospice claim beginning in FY 2025.
Given these errors, we are
republishing the FY 2025 Hospice Wage
Index file accordingly on the CMS
website at: https://www.cms.gov/
medicare/payment/fee-for-serviceproviders/hospice/hospice-wage-index
effective October 1, 2024.
III. Waiver of Proposed Rulemaking
and Delay in Effective Date
Under 5 U.S.C. 553(b) of the
Administrative Procedure Act (APA),
the agency is required to publish a
notice of the proposed rulemaking in
the Federal Register before the
provisions of a rule take effect.
Similarly, section 1871(b)(1) of the Act
requires the Secretary to provide for
notice of the proposed rulemaking in
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
79765
the Federal Register and provide a
period of not less than 60 days for
public comment. In addition, section
553(d) of the APA, and section
1871(e)(1)(B)(i) of the Act mandate a 30day delay in effective date after issuance
or publication of a rule. Sections
553(b)(B) and 553(d)(3) of the APA
provide for exceptions from the notice
and comment and delay in effective date
APA requirements; in cases in which
these exceptions apply, sections
1871(b)(2)(C) and 1871(e)(1)(B)(ii) of the
Act provide exceptions from the notice
and 60-day comment period and delay
in effective date requirements of the Act
as well. Section 553(b)(B) of the APA
and section 1871(b)(2)(C) of the Act
authorize an agency to dispense with
normal rulemaking requirements for
good cause if the agency makes a
finding that the notice and comment
process is impracticable, unnecessary,
or contrary to the public interest. In
addition, both section 553(d)(3) of the
APA and section 1871(e)(1)(B)(ii) of the
Act allow the agency to avoid the 30day delay in effective date where such
delay is contrary to the public interest
and an agency includes a statement of
support. We believe that this correcting
document does not constitute a rule that
would be subject to the notice and
comment or delayed effective date
requirements. This correcting document
corrects technical and typographical
errors in the preamble, addenda,
payment rates, and tables included or
referenced in the FY 2025 Hospice final
rule but does not make substantive
changes to the policies or payment
methodologies that were adopted in the
FY 2025 Hospice final rule. As a result,
this correcting document is intended to
ensure that the information in the FY
2025 Hospice final rule accurately
reflects the policies adopted in that
document.
In addition, even if this were a rule to
which the notice and comment
procedures and delayed effective date
requirements applied, we find that there
is good cause to waive such
requirements. Undertaking further
notice and comment procedures to
incorporate the corrections in this
correcting document into the final rule
or delaying the effective date would be
contrary to the public interest because it
is in the public’s interest for providers
to receive appropriate payments in as
timely a manner as possible, and to
ensure that the FY 2025 Hospice final
rule reflects our policies. Furthermore,
such procedures would be unnecessary,
as we are not altering our payment
methodologies or policies, but rather,
we are simply correctly implementing
E:\FR\FM\01OCR1.SGM
01OCR1
79766
Federal Register / Vol. 89, No. 190 / Tuesday, October 1, 2024 / Rules and Regulations
the policies that we previously
proposed, requested comment on, and
subsequently finalized. This correcting
document is intended solely to ensure
that the FY 2025 Hospice final rule
accurately reflects these payment
methodologies and policies. For these
reasons, we believe we have good cause
to waive the notice and comment and
delayed effective date requirements.
IV. Correction of Errors
In FR Doc. 2024–16910 of August 6,
2024 (89 FR 64202) make the following
corrections:
1. On page 64207, second column,
second full paragraph:
a. In lines 17 and 18, ‘‘Hinesville-Fort
Stewart, Georgia’’ is corrected to read
‘‘Hinesville, Georgia’’.
b. In lines 19 and 20, ‘‘Hinesville-Fort
Stewart, Georgia’’ is corrected to read
‘‘Hinesville, Georgia’’.
c. In line 20, the figure ‘‘0.8872’’ is
corrected to read: ‘‘0.8886’’.
2. On page 64209, second column,
paragraph below Table 2, ‘‘53 counties
(and county equivalents)’’ is corrected
to read ‘‘54 counties and county
equivalents’’.
3. On page 64210, Table 3 is corrected
by adding an entry at the beginning of
the table for FIPS County code ‘‘09015’’
to read as follows:
TABLE 3—URBAN COUNTIES THAT WOULD CHANGE TO RURAL STATUS
FIPS county
code
County name
09015 ................
WINDHAM ...............................
*
State
*
CT
49340
*
4. On page 64222, Table 8 is corrected
by adding an entry at the beginning of
Current
CBSA
Current CBSA name
Worchester, MA-CT.
*
*
*
*
the table for FIPS code ‘‘09150’’code to
read as follows:
TABLE 8—COUNTIES THAT WILL USE A WAGE INDEX TRANSITION CODE
FIPS
code
County name
09150 .....
NORTHEASTERN CONNECTICUT.
*
khammond on DSKJM1Z7X2PROD with RULES
FY 2024
CBSA
49340
*
VerDate Sep<11>2014
16:06 Sep 30, 2024
Worchester, MA–CT .............
*
5. On page 64239, in the first column,
the header ‘‘2. Implementation of Two
Process Quality Measures Based on
Proposed HOPE Data Collection’’ is
corrected to read
‘‘2. Implementation of Two Process
Quality Measures Based on HOPE Data
Collection’’.
6. On page 64240, third column, first
full paragraph, in lines 4 through 6, the
sentence ‘‘CMS maintains to avoid
creating unnecessary burden for hospice
providers.’’ is corrected to read ‘‘CMS
maintains its commitment to avoid
creating unnecessary burden for hospice
providers.’’
7. On page 64242, third column, last
partial paragraph, in lines 11 and 12, the
sentence ‘‘Theses (SFVs) may be
performed by RNs or LPNs/LVNs.’’ is
corrected to read ‘‘These SFVs may be
performed by RNs or LPNs/LVNs.’’
8. On page 64244, second column:
a. First partial paragraph, the final
sentence, ‘‘We are finalizing the
decision that the data from the first
quarter Q4 CY 2025, if HOPE data
collection begins in October 2025, it
will not be used for assessing validity
and reliability of the quality measures.’’,
is corrected to read ‘‘We are finalizing
the decision that the data from the first
Jkt 265001
FY 2025
CBSA
FY 2024 CBSA name
*
99907
Frm 00036
Fmt 4700
Sfmt 4700
FY 2025
transition
code
CONNECTICUT ....................
*
quarter—Q4 CY 2025, if HOPE data
collection begins in October 2025—will
not be used for assessing validity and
reliability of the quality measures.’’
b. Second full paragraph, in lines 7
through 17, the sentence that reads ‘‘In
light of all the steps required prior to
data being publicly reported, we finalize
the decision that public reporting of the
proposed quality measures will be
implemented no earlier than FY 2028,
allowing ample time for data analysis,
review of measures’ appropriateness for
use for public reporting, and allowing
hospices the required time to review
their own data prior to public
reporting.’’ is corrected to read ‘‘In light
of all the steps required prior to data
being publicly reported, we finalize the
decision that public reporting of the
HOPE-based quality measures will be
implemented no earlier than FY 2028,
allowing ample time for data analysis,
review of measures’ appropriateness for
use for public reporting, and allowing
hospices the required time to review
their own data prior to public
reporting.’’
9. On page 64260:
a. First column, first partial paragraph
under the heading ‘‘IV. Collection of
Information Requirements’’, in lines 2
PO 00000
FY 2025 CBSA name
*
50030
*
and 3, ‘‘60-day’’ is corrected to read ‘‘30day’’.
b. Third column, first partial
paragraph:
i. In lines 3 and 4, the sentence that
reads ‘‘The OMB control number will
remain 0938–1153.’’ is removed.
ii. In lines 11 through 14, the
parenthetical phrase ‘‘(set out in the
PRA accompanying this Rule, as well as
the HOPE Guidance Manual finalized in
this Rule)’’ is removed.
10. On page 64261:
a. First column, first partial
paragraph, in lines 1 through 11, the
sentence that reads ‘‘For additional
information regarding the calculation of
HOPE time and cost burdens, please
refer to the HOPE Beta Testing Report
found on the HOPE web page at https://
www.cms.gov/medicare/quality/
hospice/hope and the PRA package
associated with this rule found at
https://www.cms.gov/medicare/
regulations-guidance/legislation/
paperwork-reduction-act-1995/pralisting.’’ is corrected to read ‘‘For
additional information regarding the
calculation of HOPE time and cost
burdens, please refer to the HOPE Beta
Testing Report found on the HOPE web
page at https://www.cms.gov/medicare/
E:\FR\FM\01OCR1.SGM
01OCR1
Federal Register / Vol. 89, No. 190 / Tuesday, October 1, 2024 / Rules and Regulations
quality/hospice/hope and the
information collection request (OMB
control number 0938–1153/Expiration
date: 1/31/2026) associated with this
rule found at https://www.cms.gov/
medicare/regulations-guidance/
legislation/paperwork-reduction-act1995/pra-listing.’’
b. Third column, lines 15 through 21,
the sentence that reads ‘‘This increase in
incremental burden is explained further
in the Regulatory Impact Analysis (RIA)
section of this Rule, and is also
discussed in detail in the Information
Collection Request and PRA
accompanying this Rule.’’ is corrected to
read ‘‘This increase in incremental
burden is explained further in the
Regulatory Impact Analysis (RIA)
section of this rule, and is also
discussed in detail in the information
collection request accompanying this
rule (OMB control number (0938–1153/
Expiration date: 1/31/2026).’’
11. On page 64262, in Table 18, titled
‘‘Summary of Changes in Burden’’, the
entry ‘‘HUV Timepoint’’ is corrected to
read ‘‘HUV Timepoints’’.
Elizabeth J. Gramling,
Executive Secretary to the Department,
Department of Health and Human Services.
[FR Doc. 2024–22495 Filed 9–27–24; 4:15 pm]
BILLING CODE 4120–01–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 225
[Docket No. FRA–2024–0034]
RIN 2130–AC98
Federal Railroad Administration
Accident/Incident Investigation Policy
for Gathering Information and
Consulting With Stakeholders
Federal Railroad
Administration (FRA), U.S. Department
of Transportation (DOT).
ACTION: Direct final rule.
AGENCY:
FRA is taking direct final
action to amend its Accident/Incident
Regulations governing reporting,
classification, and investigations by
codifying FRA’s policy for gathering
information from, and consulting with,
stakeholders during an accident/
incident investigation.
DATES:
Effective date: This final rule is
effective on October 31, 2024, without
further notice unless FRA receives
adverse, substantive comment by
October 31, 2024. If FRA receives
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:06 Sep 30, 2024
Jkt 265001
adverse, substantive comment on this
direct final rule, it will publish a timely
withdrawal in the Federal Register
informing the public the rule will not
take effect.
ADDRESSES:
Comments: Comments related to
Docket No. FRA–2024–0034 may be
submitted by going to https://
www.regulations.gov and following the
online instructions for submitting
comments.
Instructions: All submissions must
include the agency name and docket
number or Regulatory Identification
Number (RIN) for this rulemaking (RIN
2130–AC98). Note that all comments
received will be posted without change
to https://www.regulations.gov
including any personal information
provided. Do not submit electronically
any information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. For additional
submission methods and general
guidance on making effective
comments, please visit https://
www.transportation.gov/regulations/
rulemaking-process.
Docket: For access to the docket to
read comments received, go to https://
www.regulations.gov and follow the
online instructions for accessing the
docket.
FOR FURTHER INFORMATION CONTACT: Rick
Huggins, Supervisory Railroad Security
Specialist, Office of Railroad Safety,
FRA, telephone: 202–465–6922 or
email: ricky.huggins@dot.gov; or Senya
Waas, Senior Attorney, Office of the
Chief Counsel, FRA, telephone: 202–
875–4158 or email: senyaann.waas@
dot.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to 49 U.S.C. 20103, FRA, as
delegated by the Secretary of
Transportation,1 has authority to
‘‘prescribe regulations and issue orders
for every area of railroad safety
supplementing laws and regulations in
effect on October 16, 1970.’’ As part of
its mission to enforce and improve rail
safety, FRA investigates rail
transportation accidents/incidents
which result in serious injury to an
individual or to railroad property. See
49 U.S.C. 20902. In Section 22417 of the
Infrastructure Investment and Jobs Act
(IIJA), Congress mandated that the
Secretary of Transportation (Secretary)
create a standard process for
investigators to use during accident and
incident investigations conducted under
1 49
PO 00000
CFR 1.89(a); 49 U.S.C. 103(g).
Frm 00037
Fmt 4700
Sfmt 4700
79767
this section. This process is to be used
to determine when it is appropriate and
the appropriate method for gathering
information about an accident or
incident under investigation from
railroad carriers, contractors or
employees of railroad carriers, or
representatives of employees of railroad
carriers, and others, as determined
relevant by the Secretary. The process
will also be used to determine when it
is appropriate to consult with railroad
carriers, contractors or employees of
railroad carriers, or representatives of
employees of railroad carriers, and
others, as determined relevant by the
Secretary, for technical expertise on the
facts of the accident or incident under
investigation. See Public Law 117–58,
section 22417, Nov. 15, 2021, 135 Stat.
748.
In developing this standard process,
the Secretary must also factor in ways
to maintain the confidentiality of any
entity if:
(1) The entity requests confidentiality;
(2) The entity was not involved in the
accident or incident; and
(3) Maintaining the entity’s
confidentiality does not adversely affect
FRA’s investigation.
The IIJA specifies that any process
developed under section 22417 applies
only to FRA investigations and does not
apply to any investigation carried out by
the National Transportation Safety
Board (NTSB).
In response to the IIJA mandate, FRA
worked with stakeholders, including
both labor and rail organizations, to
develop a Policy for Gathering
Information and Consulting with
Stakeholders (Policy Document). The
resulting Policy Document is available
on FRA’s website 2 and includes
guidelines for:
• When FRA will provide the
opportunity for stakeholders to
participate in FRA accident/incident
investigations;
• How FRA will notify stakeholders
of an accident investigation in which
they may participate;
• The expectations of stakeholders;
• How stakeholders can participate in
FRA’s accident investigation process;
• How stakeholders can submit
information to FRA to assist with the
investigation; and
• How confidentiality of individuals
and requests for confidentiality by
entities will be addressed and
maintained.
This rule codifies the process
contained in the Policy Document.
2 https://railroads.dot.gov/elibrary/bipartisaninfrastructure-law-section-22417-fra-accident-andincident-investigations-0.
E:\FR\FM\01OCR1.SGM
01OCR1
]]>Agencies
[Federal Register Volume 89, Number 190 (Tuesday, October 1, 2024)]
[Rules and Regulations]
[Pages 79764-79767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22495]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Part 418
[CMS-1810-CN]
RIN 0938-AV29
Medicare Program; FY 2025 Hospice Wage Index and Payment Rate
Update, Hospice Conditions of Participation Updates, and Hospice
Quality Reporting Program Requirements; Correction
AGENCY: Centers for Medicare & Medicaid Services (CMS), Department of
Health and Human Services (HHS).
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This document corrects technical and typographical errors in
the final rule that appeared in the August 6, 2024 Federal Register
titled ``Medicare Program; FY 2025 Hospice Wage Index and Payment Rate
Update, Hospice Conditions of Participation Updates, and Hospice
Quality Reporting Program Requirements''.
DATES: This correction is effective on October 1, 2024.
FOR FURTHER INFORMATION CONTACT:
For questions regarding the hospice wage index, contact Chantelle
Caldwell, (410) 786-8743.
For general questions about hospice payment policy, contact the
hospice mailbox at: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2024-16910 of August 6, 2024 (89 FR 64202), there were a
number of technical and typographical errors that are identified and
corrected in this correcting document. The provisions in this
correction document are effective as if they had been included in the
final rule that appeared in the August 6, 2024 Federal Register.
Accordingly, the corrections are effective October 1, 2024.
II. Summary of Errors
A. Summary of Errors in the Preamble
On page 64207, we made a typographical error in the reported core-
based statistical area (CBSA) name and wage index value for CBSA 25980,
Hinesville, Georgia. We reported the CBSA name as Hinesville-Fort
Stewart, Georgia instead of Hinesville, Georgia, and the FY 2025
hospice wage index value as 0.8872, instead of 0.8886.
On page 64210, in Table 3, titled ``Urban Counties that Would
Change to Rural Status'', we inadvertently omitted FIPS county 09015
Windham County from the list of counties that were previously urban but
would gain rural status beginning in FY 2025. Table 3 contains the FIPS
codes, county name, current CBSA number and name of the counties that
will gain rural status in FY 2025. Windham County was previously
designated in CBSA 49340 Worchester, MA-CT. However, beginning in FY
2025 this county is redesignated into rural Connecticut (rural area
99907). Accordingly, we are adding FIPS 09015 Windham County to the
list of counties that will gain rural status beginning in FY 2025. We
also reported a total of 53 counties and county equivalents that are
currently considered urban that would be considered rural beginning in
FY 2025. Therefore, with the addition of Windham County to the list, we
are correcting that number to 54 counties and county equivalents.
Windham County is also experiencing a change to its county name
beginning in FY 2025, as described in the FY 2025 hospice final rule
(89 FR 64209) and will transition from FIPS county 09015 Windham County
to 09150 Northeastern Connecticut planning region.
On page 64222, in Table 8, titled ``Counties That Will Use a Wage
Index Transition Code'', we inadvertently omitted FIPS county 09150
``Northeastern Connecticut Planning Region'' from the list of counties
that will use a transition code on hospice claims for FY 2025 instead
of the CBSA number. Table 8 contains the FIPS codes, county name,
current CBSA number and name, the redesignated FY 2025 CBSA number and
name and the corresponding ``500XX'' transition code that must be
submitted on hospice claims for FY 2025 to ensure that hospice
providers who provide services in certain counties receive that
county's appropriate wage index value. The omission of the Northeastern
planning region from Table 8 and the subsequent unassigned transition
code for that region resulted in two wage index values being assigned
to statewide rural area 99907 in the FY 2025 hospice final wage index
file located at: https://www.cms.gov/medicare/payment/fee-for-service-providers/hospice/hospice-wage-index. However, for hospice claims
processing, each CBSA or statewide rural area can have only one wage
index value assigned to that CBSA or statewide rural area. Therefore,
hospices that serve beneficiaries in the Northeastern Connecticut
planning region must use transition code 50030, instead of the rural
statewide code 99907, on hospice claims beginning in FY 2025.
Accordingly, we are adding FIPS county 09150 ``Northeastern Connecticut
Planning Region'' to the list of counties in Table 8 that will use a
transition code on hospice claims for FY 2025 instead of the CBSA
number.
This correction does not represent a change in policy and is
consistent with the finalized transition policy outlined in the FY 2025
Hospice final rule (89 FR 64220-64224), where beginning in FY 2025,
certain counties must use a 500XX transition code on hospice claims
instead of the statewide rural area or CBSA code in circumstances where
a county was redesignated into a new CBSA or rural area and has a
different wage index than the constituent counties that make up that
CBSA or rural area due to the calculation of the 5-percent cap.
On page 64239, we made a typographical error. We inadvertently
included the word ``Proposed'' in the title of Section III.D.2, which
therefore incorrectly read: ``Implementation of Two Process Quality
Measures Based on Proposed HOPE Data Collection''. As HOPE is finalized
as of the FY 2025 final rule, it should not be referred to as
``proposed''. Therefore, the title of this Section III.D.2 is corrected
to read: ``Implementation of Two Process Quality Measures Based on HOPE
Data Collection.''
On page 64240, we made a typographical error in the sentence ``CMS
maintains to avoid creating unnecessary burden for hospice providers.''
The sentence is corrected to read: ``CMS maintains its commitment to
avoid creating unnecessary burden for hospice providers.''
On page 64242, we made a typographical error in the sentence
``Theses (SFVs) may be performed by RNs or LPNs/LVNs.'' The sentence is
corrected to read: ``These SFVs may be performed by RNs or LPNs/LVNs.''
On page 64244, under the undesignated heading ``Public Availability
of Data Submitted'', we made two typographical errors. We stated the
following: ``We are finalizing the decision that the data from the
first quarter Q4 CY 2025, if HOPE data
[[Page 79765]]
collection begins in October 2025, it will not be used for assessing
validity and reliability of the quality measures.'' This sentence is
corrected to read: ``We are finalizing the decision that the data from
the first quarter--Q4 CY 2025, if HOPE data collection begins in
October 2025--will not be used for assessing validity and reliability
of the quality measures.''
We also inadvertently used the word ``proposed'' in our discussion
of HOPE-based quality measures. HOPE-based quality measures are
finalized as of the FY 2025 final rule; therefore, they should not be
referred to as ``proposed''. The sentence incorrectly read: ``In light
of all the steps required prior to data being publicly reported, we
finalize the decision that public reporting of the proposed quality
measures will be implemented no earlier than FY 2028, allowing ample
time for data analysis, review of measures' appropriateness for use for
public reporting, and allowing hospices the required time to review
their own data prior to public reporting.''
As HOPE-based quality measures are finalized as of the FY 2025
final rule; they should not be referred to as ``proposed''. Therefore,
this sentence is corrected to read: ``In light of all the steps
required prior to data being publicly reported, we finalize the
decision that public reporting of the HOPE-based quality measures will
be implemented no earlier than FY 2028, allowing ample time for data
analysis, review of measures' appropriateness for use for public
reporting, and allowing hospices the required time to review their own
data prior to public reporting.''
On page 64260, we made a typographical error inadvertently stating
that under the Paperwork Reduction Act of 1995, we are required to
provide ``60-day notice'' in the Federal Register and solicit public
comment before a collection of information requirement is submitted to
the Office of Management and Budget (OMB) for review and approval.
Instead, we are required to provide a ``30-day notice.''
In addition, on page 64260, the sentence that reads ``The OMB
control number will remain 0938-1153.'' and the parenthetical phrase
that reads ``(set out in the PRA accompanying this Rule, as well as the
HOPE Guidance Manual finalized in this Rule)'' are removed.
On page 64261, we referred readers to the HOPE Beta testing report
and the PRA package associated with the rule. The ``PRA package''
should have been referred to as the ``information collection request''.
In addition, we inadvertently omitted the expiration date for the
information collection request. The sentence is corrected to read:
``For additional information regarding the calculation of HOPE time and
cost burdens, please refer to the HOPE Beta Testing Report found on the
HOPE web page at https://www.cms.gov/medicare/quality/hospice/hope and
the information collection request (OMB control number 0938-1153/
Expiration date: 1/31/2026) associated with this rule found at https://www.cms.gov/medicare/regulations-guidance/legislation/paperwork-reduction-act-1995/pra-listing.''
On page 64262, we made a typographical error within Table 18. The
cell ``HUV Timepoint'' is corrected to read: ``HUV Timepoints.''
B. Summary of Errors and Corrections Posted on the CMS Website
As discussed above, we inadvertently omitted FIPS county number
09150 Northeastern Connecticut planning region from the list of
counties that must use a 500XX transition code beginning in FY 2025.
That error was subsequently included in the FY 2025 Hospice wage index
file exclusively on the CMS website at: https://www.cms.gov/medicare/payment/fee-for-service-providers/hospice/hospice-wage-index. In Tab 2
of the FY 2025 Hospice Wage Index file labeled ``CT Counties'', we are
correcting the erroneous assignment of the Northeastern Connecticut
planning region to CBSA 99907 for FY 2025, to reflect the newly
assigned wage index transition code 50030. We are also correcting the
omission of the Northeastern Planning Region from Tab 3 of the file
labeled ``Transition Codes'', noting the addition of this region to the
list of counties that must use a 500XX transition code instead of the
statewide rural area code or CBSA number on the hospice claim beginning
in FY 2025.
Given these errors, we are republishing the FY 2025 Hospice Wage
Index file accordingly on the CMS website at: https://www.cms.gov/medicare/payment/fee-for-service-providers/hospice/hospice-wage-index
effective October 1, 2024.
III. Waiver of Proposed Rulemaking and Delay in Effective Date
Under 5 U.S.C. 553(b) of the Administrative Procedure Act (APA),
the agency is required to publish a notice of the proposed rulemaking
in the Federal Register before the provisions of a rule take effect.
Similarly, section 1871(b)(1) of the Act requires the Secretary to
provide for notice of the proposed rulemaking in the Federal Register
and provide a period of not less than 60 days for public comment. In
addition, section 553(d) of the APA, and section 1871(e)(1)(B)(i) of
the Act mandate a 30-day delay in effective date after issuance or
publication of a rule. Sections 553(b)(B) and 553(d)(3) of the APA
provide for exceptions from the notice and comment and delay in
effective date APA requirements; in cases in which these exceptions
apply, sections 1871(b)(2)(C) and 1871(e)(1)(B)(ii) of the Act provide
exceptions from the notice and 60-day comment period and delay in
effective date requirements of the Act as well. Section 553(b)(B) of
the APA and section 1871(b)(2)(C) of the Act authorize an agency to
dispense with normal rulemaking requirements for good cause if the
agency makes a finding that the notice and comment process is
impracticable, unnecessary, or contrary to the public interest. In
addition, both section 553(d)(3) of the APA and section
1871(e)(1)(B)(ii) of the Act allow the agency to avoid the 30-day delay
in effective date where such delay is contrary to the public interest
and an agency includes a statement of support. We believe that this
correcting document does not constitute a rule that would be subject to
the notice and comment or delayed effective date requirements. This
correcting document corrects technical and typographical errors in the
preamble, addenda, payment rates, and tables included or referenced in
the FY 2025 Hospice final rule but does not make substantive changes to
the policies or payment methodologies that were adopted in the FY 2025
Hospice final rule. As a result, this correcting document is intended
to ensure that the information in the FY 2025 Hospice final rule
accurately reflects the policies adopted in that document.
In addition, even if this were a rule to which the notice and
comment procedures and delayed effective date requirements applied, we
find that there is good cause to waive such requirements. Undertaking
further notice and comment procedures to incorporate the corrections in
this correcting document into the final rule or delaying the effective
date would be contrary to the public interest because it is in the
public's interest for providers to receive appropriate payments in as
timely a manner as possible, and to ensure that the FY 2025 Hospice
final rule reflects our policies. Furthermore, such procedures would be
unnecessary, as we are not altering our payment methodologies or
policies, but rather, we are simply correctly implementing
[[Page 79766]]
the policies that we previously proposed, requested comment on, and
subsequently finalized. This correcting document is intended solely to
ensure that the FY 2025 Hospice final rule accurately reflects these
payment methodologies and policies. For these reasons, we believe we
have good cause to waive the notice and comment and delayed effective
date requirements.
IV. Correction of Errors
In FR Doc. 2024-16910 of August 6, 2024 (89 FR 64202) make the
following corrections:
1. On page 64207, second column, second full paragraph:
a. In lines 17 and 18, ``Hinesville-Fort Stewart, Georgia'' is
corrected to read ``Hinesville, Georgia''.
b. In lines 19 and 20, ``Hinesville-Fort Stewart, Georgia'' is
corrected to read ``Hinesville, Georgia''.
c. In line 20, the figure ``0.8872'' is corrected to read:
``0.8886''.
2. On page 64209, second column, paragraph below Table 2, ``53
counties (and county equivalents)'' is corrected to read ``54 counties
and county equivalents''.
3. On page 64210, Table 3 is corrected by adding an entry at the
beginning of the table for FIPS County code ``09015'' to read as
follows:
Table 3--Urban Counties That Would Change to Rural Status
----------------------------------------------------------------------------------------------------------------
FIPS county code County name State Current CBSA Current CBSA name
----------------------------------------------------------------------------------------------------------------
09015..................... WINDHAM.............. CT 49340 Worchester, MA-CT.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
4. On page 64222, Table 8 is corrected by adding an entry at the
beginning of the table for FIPS code ``09150''code to read as follows:
Table 8--Counties That Will Use a Wage Index Transition Code
----------------------------------------------------------------------------------------------------------------
FY 2025
FIPS code County name FY 2024 FY 2024 CBSA name FY 2025 FY 2025 CBSA name transition
CBSA CBSA code
----------------------------------------------------------------------------------------------------------------
09150........... NORTHEASTERN 49340 Worchester, MA-CT. 99907 CONNECTICUT....... 50030
CONNECTICUT.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
5. On page 64239, in the first column, the header ``2.
Implementation of Two Process Quality Measures Based on Proposed HOPE
Data Collection'' is corrected to read
``2. Implementation of Two Process Quality Measures Based on HOPE
Data Collection''.
6. On page 64240, third column, first full paragraph, in lines 4
through 6, the sentence ``CMS maintains to avoid creating unnecessary
burden for hospice providers.'' is corrected to read ``CMS maintains
its commitment to avoid creating unnecessary burden for hospice
providers.''
7. On page 64242, third column, last partial paragraph, in lines 11
and 12, the sentence ``Theses (SFVs) may be performed by RNs or LPNs/
LVNs.'' is corrected to read ``These SFVs may be performed by RNs or
LPNs/LVNs.''
8. On page 64244, second column:
a. First partial paragraph, the final sentence, ``We are finalizing
the decision that the data from the first quarter Q4 CY 2025, if HOPE
data collection begins in October 2025, it will not be used for
assessing validity and reliability of the quality measures.'', is
corrected to read ``We are finalizing the decision that the data from
the first quarter--Q4 CY 2025, if HOPE data collection begins in
October 2025--will not be used for assessing validity and reliability
of the quality measures.''
b. Second full paragraph, in lines 7 through 17, the sentence that
reads ``In light of all the steps required prior to data being publicly
reported, we finalize the decision that public reporting of the
proposed quality measures will be implemented no earlier than FY 2028,
allowing ample time for data analysis, review of measures'
appropriateness for use for public reporting, and allowing hospices the
required time to review their own data prior to public reporting.'' is
corrected to read ``In light of all the steps required prior to data
being publicly reported, we finalize the decision that public reporting
of the HOPE-based quality measures will be implemented no earlier than
FY 2028, allowing ample time for data analysis, review of measures'
appropriateness for use for public reporting, and allowing hospices the
required time to review their own data prior to public reporting.''
9. On page 64260:
a. First column, first partial paragraph under the heading ``IV.
Collection of Information Requirements'', in lines 2 and 3, ``60-day''
is corrected to read ``30-day''.
b. Third column, first partial paragraph:
i. In lines 3 and 4, the sentence that reads ``The OMB control
number will remain 0938-1153.'' is removed.
ii. In lines 11 through 14, the parenthetical phrase ``(set out in
the PRA accompanying this Rule, as well as the HOPE Guidance Manual
finalized in this Rule)'' is removed.
10. On page 64261:
a. First column, first partial paragraph, in lines 1 through 11,
the sentence that reads ``For additional information regarding the
calculation of HOPE time and cost burdens, please refer to the HOPE
Beta Testing Report found on the HOPE web page at https://www.cms.gov/medicare/quality/hospice/hope and the PRA package associated with this
rule found at https://www.cms.gov/medicare/regulations-guidance/legislation/paperwork-reduction-act-1995/pra-listing.'' is corrected to
read ``For additional information regarding the calculation of HOPE
time and cost burdens, please refer to the HOPE Beta Testing Report
found on the HOPE web page at https://www.cms.gov/medicare/
[[Page 79767]]
quality/hospice/hope and the information collection request (OMB
control number 0938-1153/Expiration date: 1/31/2026) associated with
this rule found at https://www.cms.gov/medicare/regulations-guidance/legislation/paperwork-reduction-act-1995/pra-listing.''
b. Third column, lines 15 through 21, the sentence that reads
``This increase in incremental burden is explained further in the
Regulatory Impact Analysis (RIA) section of this Rule, and is also
discussed in detail in the Information Collection Request and PRA
accompanying this Rule.'' is corrected to read ``This increase in
incremental burden is explained further in the Regulatory Impact
Analysis (RIA) section of this rule, and is also discussed in detail in
the information collection request accompanying this rule (OMB control
number (0938-1153/Expiration date: 1/31/2026).''
11. On page 64262, in Table 18, titled ``Summary of Changes in
Burden'', the entry ``HUV Timepoint'' is corrected to read ``HUV
Timepoints''.
Elizabeth J. Gramling,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2024-22495 Filed 9-27-24; 4:15 pm]
BILLING CODE 4120-01-P
