[Federal Register Volume 60, Number 147 (Tuesday, August 1, 1995)]
[Rules and Regulations]
[Pages 39122-39123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18771]



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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Care Financing Administration

42 CFR Parts 409 and 484

[BPD-469-CN]
RIN 0938-AD78


Medicare Program; Medicare Coverage of Home Health Services, 
Medicare Conditions of Participation, and Home Health Aide Supervision; 
Correction

AGENCY: Health Care Financing Administration (HCFA), HHS.

ACTION: Final rule; correction.

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SUMMARY: This document corrects several errors made in a final rule 
published on December 20, 1994 (59 FR 65482) concerning Medicare 
coverage of home health services, Medicare conditions of participation, 
and home health aide supervision.

EFFECTIVE DATE: February 21, 1995.

FOR FURTHER INFORMATION CONTACT: Julie Brown, (410) 966-4669.

SUPPLEMENTARY INFORMATION:

Background

    On December 20, 1994, we published a final rule concerning Medicare 
coverage of home health services, Medicare conditions of participation, 
and home health aide supervision. (59 FR 65482) In it were a number of 
technical errors:
    When revising our regulations at 42 CFR 409.42(d) (redesignated as 
Sec. 409.42(b)), we inadvertently revised obsolete regulations text.
    When adding Sec. 409.45, we overlooked the statutory name change in 
section 1861(b)(6) of the Social Security Act as amended by section 
4039(b)(2) of the Omnibus Budget Reconciliation Act of 1987.
    When adding Sec. 484.36(d)(4)(iii), we overlooked the training 
requirements in Sec. 484.36(b). However, we proposed the addition of 
paragraph (d)(4) in order to identify the responsibilities of an HHA or 
hospice that furnishes services under arrangement, including ``ensuring 
that the aides have met the training requirements.'' (56 FR 49157) 
Section 484.36(b) contains training requirements.
    There were also a number of incorrect crossreferences.
Correction of Publication
    Accordingly, the publication on December 20, 1994, of the final 
regulation, which was the subject of FR Doc. 94-31062, is corrected as 
follows:


Sec. 409.42  [Corrected]

    Page 65494, column 1: In Sec. 409.42(b), line 6, the words ``with 
the HHA's policy and'' are removed.
    Page 65494, column 1: In Sec. 409.42(c)(2), (c)(3), and (c)(4), the 
phrase ``Sec. 409.44(b)'' is revised to read ``Sec. 409.44(c)''.


Sec. 409.45  [Corrected]

    Page 65495, column 2: In Sec. 409.45(a), the phrases 
``Sec. 409.44(a)'' and 

[[Page 39123]]
``Sec. 409.44(b)'' in lines 6 and 8, respectively, are revised to read 
``Sec. 409.44(b)'' and ``Sec. 409.44(c)'', respectively.
    Page 65496, column 2: In Sec. 409.45(g)(4), lines 3 through 5, the 
words ``Council on Podiatry Education of the American Podiatric 
Association'' are revised to read ``Council on Podiatric Medical 
Education of the American Podiatric Medical Association.''


Sec. 409.49  [Corrected]

    Page 65497, column 3: In Sec. 409.49(f), line 2, the phrase 
``Sec. 410.36(b)'' is revised to read ``Sec. 410.36(a)(2)''.


Sec. 484.36  [Corrected]

    Page 65498, column 3: In Sec. 484.36(d)(4)(iii), line 4, the phrase 
``paragraph (a)'' is revised to read ``paragraphs (a) and (b)''.

    Dated: July 21, 1995.
Neil J. Stillman,
Deputy Assistant Secretary for Information Resources Management.
[FR Doc. 95-18771 Filed 7-31-95; 8:45 am]
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