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 2025; Correction, 80132-80134 [2024-22504]
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<![CDATA[
80132
Federal Register / Vol. 89, No. 191 / Wednesday, October 2, 2024 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
Requirements; and Other Policy
Changes; Correction,’’ published
elsewhere in this issue of the Federal
Register. The error that affects the
unadjusted, pre-reclassified, pre-rural
floor IPPS wage data and thereby affects
the IRF PPS wage data was an error
resulting from excluding the Medicare
cost report wage data for CMS
Certification Number (CCN) 260163,
which caused a change in the wage
index for rural Missouri. The wage data
for this hospital has been restored and
included in the wage index.
Thus, the use of the corrected wage
data for the rural Missouri CBSA 26
required the recalculation of the final
FY 2025 IRF PPS wage indexes.
Additionally, as discussed in the FY
2025 IRF PPS final rule, adjustments or
updates to the IRF wage index made
under section 1886(j)(6) of the Social
Security Act (the Act) must be made in
a budget-neutral manner. Due to the
recalculation and subsequent revision of
the final FY 2025 IRF PPS wage indexes,
it was necessary to recalculate the FY
2025 IRF PPS wage index budget
neutrality factor as well, with no
subsequent changes noted. Due to the
recalculated wage indexes, we
recalculated the impact analysis
provided in Table 17 of the FY 2025 IRF
PPS final rule (89 FR 64335 through
64337). The correction to this error is
found in section IV. of this document.
We are correcting the wage index in
Table B setting forth the wage indexes
for rural areas based on CBSA labor
market areas (Table B), which is
available exclusively on the CMS
website at https://www.cms.gov/
medicare/payment/prospectivepayment-systems/inpatientrehabilitation. Table B has been updated
to reflect the error in the wage index for
the State of Missouri discussed in this
correcting document, and we are
republishing the wage indexes in Tables
A and B accordingly on the CMS
website at https://www.cms.gov/
medicare/payment/prospectivepayment-systems/inpatientrehabilitation.
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 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
VerDate Sep<11>2014
16:46 Oct 01, 2024
Jkt 262001
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) of the
Act allow the agency to avoid the 30day delay in effective date where the
agency finds that such delay is contrary
to the public interest and the agency
includes in the rule a statement of the
finding and the reasons for it.
In our view, this correcting document
does not constitute a rulemaking that
would be subject to these requirements.
This document merely corrects
technical errors in the FY 2025 IRF 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 2025 IRF final rule. As a
result, the corrections made through this
correcting document are intended to
resolve inadvertent errors so that the
rule accurately reflects the policies
adopted in the final rule. Even if this
were a rulemaking to which the notice
and comment and delayed effective date
requirements applied, we find that there
is good cause to waive such
requirements. Undertaking further
notice and comment procedures to
incorporate the corrections in this
document into the FY 2025 IRF final
rule or delaying the effective date of the
corrections would be contrary to the
public interest because it is in the
public interest to ensure that the rule
accurately reflects our policies as of the
date they take effect. Further, such
procedures would be unnecessary
because we are not making any
substantive revisions to the final rule,
but rather, we are simply correcting the
Federal Register document to reflect the
policies that we previously proposed,
received public comment on, and
PO 00000
Frm 00078
Fmt 4700
Sfmt 4700
subsequently finalized in the final rule.
For these reasons, we believe there is
good cause to waive the requirements
for notice and comment and delay in
effective date.
IV. Correction of Errors
In FR Doc. 2024–16911 of August 6,
2024 (89 FR 64276), make the following
corrections:
1. On page 64304, third column; third
full paragraph, line 20, the Standard
Payment Amount that reads ‘‘$18,592’’
is corrected to read ‘‘$18,952’’.
2. On page 64335, Table 17 titled ‘‘IRF
Impact for FY 2025 (Columns 4 through
7 in percentage)’’, row 13, column 5, the
FY 2025 Wage Index (5% cap), FY 2024
CBSA delineations, and Labor-Related
Share the value that reads ‘‘0.5’’ is
corrected to read ‘‘0.6’’.
3. On page 64336, Table 17 titled ‘‘IRF
Impact for FY 2025 (Columns 4 through
7 in percentage)’’, row 13,
a. Column 5, the FY 2025 Wage Index
(5% cap), FY 2024 CBSA delineations,
and Labor-Related Share value that
reads ‘‘1.1’’ is corrected to read ’’1.2’’.
b. Column 9, the Total Percent Change
that reads ‘‘3.6’’ is corrected to read
‘‘3.8.’’
Elizabeth J. Gramling,
Executive Secretary to the Department,
Department of Health and Human Services.
[FR Doc. 2024–22497 Filed 9–27–24; 4:15 pm]
BILLING CODE 4120–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 413 and 488
[CMS–1802–CN]
RIN 0938–AV30
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 2025;
Correction
Centers for Medicare &
Medicaid Services (CMS), Department
of Health and Human Services (HHS).
ACTION: Final rule; correction.
AGENCY:
This document corrects
technical errors in the final rule that
appeared in the August 6, 2024 Federal
Register, titled ‘‘Medicare Program;
Prospective Payment System and
Consolidated Billing for Skilled Nursing
Facilities (SNF); Updates to the Quality
SUMMARY:
E:\FR\FM\02OCR1.SGM
02OCR1
Federal Register / Vol. 89, No. 191 / Wednesday, October 2, 2024 / Rules and Regulations
Reporting Program and Value-Based
Purchasing Program for Federal Fiscal
Year 2025’’ (referred to hereafter as the
‘‘FY 2025 SNF final rule’’). The effective
date of the FY 2025 SNF final rule is
October 1, 2024.
DATES: The corrections in this document
are effective October 1, 2024.
FOR FURTHER INFORMATION CONTACT: Kia
Burwell, (410) 786–7816.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2024–16907 of August 6,
2024 (89 FR 64048), there were a
number of technical errors that are
identified and corrected in this
correcting document. These corrections
are effective as if they had been
included in the FY 2025 SNF final rule.
Accordingly, the corrections are
effective October 1, 2024.
II. Summary of Errors
lotter on DSK11XQN23PROD with RULES1
A. Summary of Errors in the Preamble
On page 64120, we inadvertently
omitted language in regard to when we
would apply the 2 percentage point
penalty if the SNF fails to submit
medical records within 45 days of the
date on the initial request.
Additionally, a technical error in the
calculation of the final FY 2025 SNF
prospective payment system (PPS) wage
indexes required us to recalculate the
impact analysis provided on page 64152
in Table 39. Further discussions of these
errors are found in section IV. of this
document.
B. Summary of Errors and Corrections
Posted on the CMS Website
As discussed in the FY 2025 SNF
final rule (89 FR 64058 through 64061),
in developing the wage index to be
applied to SNFs under the SNF PPS, we
use the updated, pre-reclassified, prerural floor hospital inpatient PPS (IPPS)
wage data, exclusive of the occupational
mix adjustment. For FY 2025, the
updated, unadjusted, pre-reclassified,
pre-rural floor IPPS wage data used
under the SNF PPS are for cost reporting
periods beginning on or after October 1,
2020, and before October 1, 2021 (FY
2021 cost report data), as discussed in
the final rule titled ‘‘Medicare and
Medicaid Programs and the Children’s
Health Insurance Program; Hospital
Inpatient Prospective Payment Systems
for Acute Care Hospitals and the LongTerm Care Hospital Prospective
Payment System and Policy Changes
and Fiscal Year 2025 Rates; Quality
Programs Requirements; and Other
Policy Changes’’ (89 FR 68986)
(hereinafter referred to as the FY 2025
IPPS final rule). In calculating the wage
VerDate Sep<11>2014
16:46 Oct 01, 2024
Jkt 262001
index in the FY 2025 IPPS final rule, we
made an inadvertent error related to the
calculation of the wage index. This error
is identified, discussed, and corrected in
the document titled ‘‘Medicare and
Medicaid Programs and the Children’s
Health Insurance Program; Hospital
Inpatient Prospective Payment Systems
for Acute Care Hospitals and the LongTerm Care Hospital Prospective
Payment System and Policy Changes
and Fiscal Year 2025 Rates; Quality
Programs Requirements; and Other
Policy Changes; Correction,’’ published
elsewhere in this issue of the Federal
Register. The error that affects the
unadjusted, pre-reclassified, pre-rural
floor IPPS wage data and thereby affects
the SNF PPS wage data, was an error
resulting from the inadvertent exclusion
of the Medicare cost report wage data
for a hospital (CMS Certification
Number (CCN) 260163), which caused a
change in the wage index for rural
Missouri. The wage data for this
hospital has been restored and included
in the wage index.
As discussed previously in this
section, we use the updated, prereclassified, unadjusted IPPS wage data
in developing the wage index used
under the SNF PPS. Due to the technical
error described previously in this
section, the published FY 2025 SNF PPS
wage indexes were incorrect. Thus, the
use of the corrected wage data for rural
Missouri required us to recalculate the
final FY 2025 SNF PPS wage indexes.
While correcting this wage data had no
impact on the FY 2025 SNF PPS Federal
per diem rates published in the FY 2025
SNF final rule, it did cause a slight
change in certain results found in the
impact analysis provided in Table 39 of
the FY 2025 SNF final rule (89 FR
64152). The corrections to these errors
are found in section IV. of this
document. We are also correcting the
wage index in Table B setting forth the
wage indexes for rural areas based on
CBSA labor market areas (Table B),
which is available exclusively on the
CMS website at https://www.cms.gov/
medicare/payment/prospectivepayment-systems/skilled-nursingfacility-snf/wage-index. Table B has
been updated to reflect the error
discussed in this correcting document,
and we are republishing the wage
indexes in Tables A and B accordingly
on the CMS website at https://
www.cms.gov/medicare/payment/
prospective-payment-systems/skillednursing-facility-snf/wage-index.
III. Waiver of Proposed Rulemaking
and Delay in Effective Date
Under section 553(b) of the
Administrative Procedure Act (the APA)
PO 00000
Frm 00079
Fmt 4700
Sfmt 4700
80133
(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 these requirements.
This document merely corrects
technical errors in the FY 2025 SNF
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 2025 SNF final rule. As a
result, the corrections made through this
correcting document are intended to
resolve inadvertent errors so that the
rule accurately reflects the policies
adopted in the final rule. Even if this
were a rulemaking to which the notice
and comment and delayed effective date
requirements applied, we find that there
is good cause to waive such
requirements. Undertaking further
notice and comment procedures to
incorporate the corrections in this
document into the FY 2025 SNF final
rule or delaying the effective date of the
corrections would be contrary to the
E:\FR\FM\02OCR1.SGM
02OCR1
80134
Federal Register / Vol. 89, No. 191 / Wednesday, October 2, 2024 / Rules and Regulations
public interest because it is in the
public interest to ensure that the rule
accurately reflects our policies as of the
date they take effect. Further, such
procedures would be unnecessary
because we are not making any
substantive revisions to the final rule,
but rather, we are simply correcting the
Federal Register document to reflect the
policies that we previously proposed,
received public comment on, and
subsequently finalized in the final rule.
For these reasons, we believe there is
good cause to waive the requirements
for notice and comment and delay in
effective date.
IV. Correction of Errors
In FR Doc. 2024–16907 of August 6,
2024 (89 FR 64048), make the following
corrections:
1. On page 64120, third column,
second full paragraph, lines 9 and 10,
the sentence ‘‘If the SNF fails to submit
those medical records within 45 days of
the date on the initial request, then we
would apply the 2 percentage point
penalty to FY 2027 SNF payments.’’ is
corrected to read ‘‘If the SNF fails to
submit those medical records within 45
days of the date on the initial request,
then we would apply the 2 percentage
point penalty to the SNF’s PPS
payments for the applicable program
determination year.’’
2. On page 64152, TABLE 39: Impact
to the SNF PPS for FY 2025 is corrected
to read as follows:
TABLE 39—IMPACT TO THE SNF PPS FOR FY 2025
Number of
facilities
Impact categories
Census data
update
(percent)
Update wage
data
(percent)
Total change
(percent)
Group
Total .................................................................................................................
Urban ...............................................................................................................
Rural ................................................................................................................
Hospital-based urban .......................................................................................
Freestanding urban ..........................................................................................
Hospital-based rural .........................................................................................
Freestanding rural ............................................................................................
15,477
11,202
4,275
364
10,838
376
3,899
0.0
0.0
¥0.1
0.1
0.0
¥0.1
¥0.1
0.0
¥0.2
1.0
¥1.0
¥0.1
0.8
1.0
4.2
4.1
5.1
3.2
4.1
4.9
5.1
715
1,469
1,906
2,174
568
950
1,473
541
1,401
5
¥0.3
¥1.0
0.6
1.0
0.4
0.0
0.2
0.1
¥0.1
0.0
¥1.1
¥0.9
1.0
¥0.6
2.3
0.4
0.9
1.5
¥1.4
¥2.5
2.7
2.3
5.8
4.6
7.0
4.6
5.4
5.8
2.6
1.5
120
226
532
897
475
990
752
195
87
1
0.6
¥0.7
¥0.1
¥0.1
¥0.1
0.0
¥0.1
0.0
0.0
0.0
¥1.4
3.8
0.4
0.5
1.6
1.2
1.0
1.8
¥0.7
0.0
3.4
7.4
4.5
4.6
5.8
5.4
5.1
6.0
3.5
4.2
10,937
3,513
1,027
0.0
0.1
¥0.1
0.0
0.1
0.6
4.1
4.3
4.8
Urban by region
New England ...................................................................................................
Middle Atlantic .................................................................................................
South Atlantic ...................................................................................................
East North Central ...........................................................................................
East South Central ..........................................................................................
West North Central ..........................................................................................
West South Central .........................................................................................
Mountain ..........................................................................................................
Pacific ..............................................................................................................
Outlying ............................................................................................................
Rural by region
New England ...................................................................................................
Middle Atlantic .................................................................................................
South Atlantic ...................................................................................................
East North Central ...........................................................................................
East South Central ..........................................................................................
West North Central ..........................................................................................
West South Central .........................................................................................
Mountain ..........................................................................................................
Pacific ..............................................................................................................
Outlying ............................................................................................................
Ownership
For profit ..........................................................................................................
Non-profit .........................................................................................................
Government .....................................................................................................
Note: The Total column includes FY 2025 SNF market basket update of 4.2 percent. The values in Table 39 may not sum due to rounding.
lotter on DSK11XQN23PROD with RULES1
Elizabeth J. Gramling,
Executive Secretary to the Department,
Department of Health and Human Services.
[FR Doc. 2024–22504 Filed 9–27–24; 4:15 pm]
BILLING CODE 4120–01–P
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02OCR1
]]>Agencies
[Federal Register Volume 89, Number 191 (Wednesday, October 2, 2024)]
[Rules and Regulations]
[Pages 80132-80134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22504]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 413 and 488
[CMS-1802-CN]
RIN 0938-AV30
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 2025; Correction
AGENCY: Centers for Medicare & Medicaid Services (CMS), Department of
Health and Human Services (HHS).
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This document corrects technical errors in the final rule that
appeared in the August 6, 2024 Federal Register, titled ``Medicare
Program; Prospective Payment System and Consolidated Billing for
Skilled Nursing Facilities (SNF); Updates to the Quality
[[Page 80133]]
Reporting Program and Value-Based Purchasing Program for Federal Fiscal
Year 2025'' (referred to hereafter as the ``FY 2025 SNF final rule'').
The effective date of the FY 2025 SNF final rule is October 1, 2024.
DATES: The corrections in this document are effective October 1, 2024.
FOR FURTHER INFORMATION CONTACT: Kia Burwell, (410) 786-7816.
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2024-16907 of August 6, 2024 (89 FR 64048), there were a
number of technical errors that are identified and corrected in this
correcting document. These corrections are effective as if they had
been included in the FY 2025 SNF final rule. Accordingly, the
corrections are effective October 1, 2024.
II. Summary of Errors
A. Summary of Errors in the Preamble
On page 64120, we inadvertently omitted language in regard to when
we would apply the 2 percentage point penalty if the SNF fails to
submit medical records within 45 days of the date on the initial
request.
Additionally, a technical error in the calculation of the final FY
2025 SNF prospective payment system (PPS) wage indexes required us to
recalculate the impact analysis provided on page 64152 in Table 39.
Further discussions of these errors are found in section IV. of this
document.
B. Summary of Errors and Corrections Posted on the CMS Website
As discussed in the FY 2025 SNF final rule (89 FR 64058 through
64061), in developing the wage index to be applied to SNFs under the
SNF PPS, we use the updated, pre-reclassified, pre-rural floor hospital
inpatient PPS (IPPS) wage data, exclusive of the occupational mix
adjustment. For FY 2025, the updated, unadjusted, pre-reclassified,
pre-rural floor IPPS wage data used under the SNF PPS are for cost
reporting periods beginning on or after October 1, 2020, and before
October 1, 2021 (FY 2021 cost report data), as discussed in the final
rule titled ``Medicare and Medicaid Programs and the Children's Health
Insurance Program; Hospital Inpatient Prospective Payment Systems for
Acute Care Hospitals and the Long-Term Care Hospital Prospective
Payment System and Policy Changes and Fiscal Year 2025 Rates; Quality
Programs Requirements; and Other Policy Changes'' (89 FR 68986)
(hereinafter referred to as the FY 2025 IPPS final rule). In
calculating the wage index in the FY 2025 IPPS final rule, we made an
inadvertent error related to the calculation of the wage index. This
error is identified, discussed, and corrected in the document titled
``Medicare and Medicaid Programs and the Children's Health Insurance
Program; Hospital Inpatient Prospective Payment Systems for Acute Care
Hospitals and the Long-Term Care Hospital Prospective Payment System
and Policy Changes and Fiscal Year 2025 Rates; Quality Programs
Requirements; and Other Policy Changes; Correction,'' published
elsewhere in this issue of the Federal Register. The error that affects
the unadjusted, pre-reclassified, pre-rural floor IPPS wage data and
thereby affects the SNF PPS wage data, was an error resulting from the
inadvertent exclusion of the Medicare cost report wage data for a
hospital (CMS Certification Number (CCN) 260163), which caused a change
in the wage index for rural Missouri. The wage data for this hospital
has been restored and included in the wage index.
As discussed previously in this section, we use the updated, pre-
reclassified, unadjusted IPPS wage data in developing the wage index
used under the SNF PPS. Due to the technical error described previously
in this section, the published FY 2025 SNF PPS wage indexes were
incorrect. Thus, the use of the corrected wage data for rural Missouri
required us to recalculate the final FY 2025 SNF PPS wage indexes.
While correcting this wage data had no impact on the FY 2025 SNF PPS
Federal per diem rates published in the FY 2025 SNF final rule, it did
cause a slight change in certain results found in the impact analysis
provided in Table 39 of the FY 2025 SNF final rule (89 FR 64152). The
corrections to these errors are found in section IV. of this document.
We are also correcting the wage index in Table B setting forth the wage
indexes for rural areas based on CBSA labor market areas (Table B),
which is available exclusively on the CMS website at https://www.cms.gov/medicare/payment/prospective-payment-systems/skilled-nursing-facility-snf/wage-index. Table B has been updated to reflect
the error discussed in this correcting document, and we are
republishing the wage indexes in Tables A and B accordingly on the CMS
website at https://www.cms.gov/medicare/payment/prospective-payment-systems/skilled-nursing-facility-snf/wage-index.
III. Waiver of Proposed Rulemaking and Delay in Effective Date
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 these requirements. This document
merely corrects technical errors in the FY 2025 SNF 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 2025 SNF final rule. As a result, the corrections
made through this correcting document are intended to resolve
inadvertent errors so that the rule accurately reflects the policies
adopted in the final rule. Even if this were a rulemaking to which the
notice and comment and delayed effective date requirements applied, we
find that there is good cause to waive such requirements. Undertaking
further notice and comment procedures to incorporate the corrections in
this document into the FY 2025 SNF final rule or delaying the effective
date of the corrections would be contrary to the
[[Page 80134]]
public interest because it is in the public interest to ensure that the
rule accurately reflects our policies as of the date they take effect.
Further, such procedures would be unnecessary because we are not making
any substantive revisions to the final rule, but rather, we are simply
correcting the Federal Register document to reflect the policies that
we previously proposed, received public comment on, and subsequently
finalized in the final rule. For these reasons, we believe there is
good cause to waive the requirements for notice and comment and delay
in effective date.
IV. Correction of Errors
In FR Doc. 2024-16907 of August 6, 2024 (89 FR 64048), make the
following corrections:
1. On page 64120, third column, second full paragraph, lines 9 and
10, the sentence ``If the SNF fails to submit those medical records
within 45 days of the date on the initial request, then we would apply
the 2 percentage point penalty to FY 2027 SNF payments.'' is corrected
to read ``If the SNF fails to submit those medical records within 45
days of the date on the initial request, then we would apply the 2
percentage point penalty to the SNF's PPS payments for the applicable
program determination year.''
2. On page 64152, TABLE 39: Impact to the SNF PPS for FY 2025 is
corrected to read as follows:
Table 39--Impact to the SNF PPS for FY 2025
----------------------------------------------------------------------------------------------------------------
Census data
Impact categories Number of update Update wage Total change
facilities (percent) data (percent) (percent)
----------------------------------------------------------------------------------------------------------------
Group
----------------------------------------------------------------------------------------------------------------
Total........................................... 15,477 0.0 0.0 4.2
Urban........................................... 11,202 0.0 -0.2 4.1
Rural........................................... 4,275 -0.1 1.0 5.1
Hospital-based urban............................ 364 0.1 -1.0 3.2
Freestanding urban.............................. 10,838 0.0 -0.1 4.1
Hospital-based rural............................ 376 -0.1 0.8 4.9
Freestanding rural.............................. 3,899 -0.1 1.0 5.1
----------------------------------------------------------------------------------------------------------------
Urban by region
----------------------------------------------------------------------------------------------------------------
New England..................................... 715 -0.3 -1.1 2.7
Middle Atlantic................................. 1,469 -1.0 -0.9 2.3
South Atlantic.................................. 1,906 0.6 1.0 5.8
East North Central.............................. 2,174 1.0 -0.6 4.6
East South Central.............................. 568 0.4 2.3 7.0
West North Central.............................. 950 0.0 0.4 4.6
West South Central.............................. 1,473 0.2 0.9 5.4
Mountain........................................ 541 0.1 1.5 5.8
Pacific......................................... 1,401 -0.1 -1.4 2.6
Outlying........................................ 5 0.0 -2.5 1.5
----------------------------------------------------------------------------------------------------------------
Rural by region
----------------------------------------------------------------------------------------------------------------
New England..................................... 120 0.6 -1.4 3.4
Middle Atlantic................................. 226 -0.7 3.8 7.4
South Atlantic.................................. 532 -0.1 0.4 4.5
East North Central.............................. 897 -0.1 0.5 4.6
East South Central.............................. 475 -0.1 1.6 5.8
West North Central.............................. 990 0.0 1.2 5.4
West South Central.............................. 752 -0.1 1.0 5.1
Mountain........................................ 195 0.0 1.8 6.0
Pacific......................................... 87 0.0 -0.7 3.5
Outlying........................................ 1 0.0 0.0 4.2
----------------------------------------------------------------------------------------------------------------
Ownership
----------------------------------------------------------------------------------------------------------------
For profit...................................... 10,937 0.0 0.0 4.1
Non-profit...................................... 3,513 0.1 0.1 4.3
Government...................................... 1,027 -0.1 0.6 4.8
----------------------------------------------------------------------------------------------------------------
Note: The Total column includes FY 2025 SNF market basket update of 4.2 percent. The values in Table 39 may not
sum due to rounding.
Elizabeth J. Gramling,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2024-22504 Filed 9-27-24; 4:15 pm]
BILLING CODE 4120-01-P
