[Federal Register Volume 64, Number 89 (Monday, May 10, 1999)]
[Rules and Regulations]
[Pages 24956-24957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11510]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Care Financing Administration
42 CFR Part 498
[HCFA-3139-F]
RIN 0938-AC88
Medicare Program and Medicaid Programs; Effective Dates of
Provider Agreements and Supplier Approvals; Correction
AGENCY: Health Care Financing Administration (HCFA), HHS.
ACTION: Correcting amendments.
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SUMMARY: This document restores regulations that we inadvertently
removed when we published a final rule concerning effective dates for
provider agreements and supplier approvals. These regulations were
published in the August 18, 1997 issue of the Federal Register (62 FR
43931).
EFFECTIVE DATE: September 17, 1997.
FOR FURTHER INFORMATION CONTACT: Cathy Johnson, (410) 786-5241.
SUPPLEMENTARY INFORMATION:
Background
The final regulations that are the subject of these corrections
established uniform criteria for determining the effective dates of
Medicare and Medicaid provider agreements.
Need for Correction
The August 18, 1997 final rule inadvertently removed coding and
paragraphs (a)(2) and (a)(3) from Sec. 498.3. These corrections are
necessary to restore valid regulations in Sec. 498.3.
List of Subjects in 42 CFR Part 498
Administrative practice and procedure, Appeals, Medicare,
Practitioners, providers, and suppliers.
Accordingly, 42 CFR part 498 is corrected by making the following
correcting admendments:
[[Page 24957]]
PART 498--APPEALS PROCEDURES FOR DETERMINATIONS THAT AFFECT
PARTICIPATION IN THE MEDICARE PROGRAM AND FOR DETERMINATIONS THAT
AFFECT THE PARTICIPATION OF CERTAIN ICFs/MRs AND CERTAIN NFs IN THE
MEDICAID PROGRAM
1. The authority citation for part 498 continues to read as
follows:
Authority: Secs. 1102 and 1871 of the Social Security Act (42
U.S.C. 1302 and 1395hh).
2. In Sec. 498.3, paragraph (a) is revised to read as follows:
Sec. 498.3 Scope and applicability.
(a) Scope. (1) This part sets forth procedures for reviewing
initial determinations that HCFA makes with respect to the matters
specified in paragraph (b) of this section, and that the OIG makes with
respect to the matters specified in paragraph (c) of this section. It
also specifies, in paragraph (d) of this section, administrative
actions that are not subject to appeal under this part.
(2) The determinations listed in this section affect participation
in the Medicare program. Many of the procedures of this part also apply
to other determinations that do not affect participation in Medicare.
Some examples follow:
(i) HCFA's determination to terminate an NF's Medicaid provider
agreement.
(ii) HCFA's determination to cancel the approval of an ICF/MR under
section 1910(b) of the Act.
(iii) HCFA's determination, under the Clinical Laboratory
Improvement Act (CLIA), to impose alternative sanctions or to suspend,
limit, or revoke the certificate of a laboratory even though it does
not participate in Medicare.
(3) The following parts of this chapter specify the applicability
of the provisions of this part 498 to sanctions or remedies imposed on
the indicated entities:
(i) Part 431, subpart D--for nursing facilities (NFs).
(ii) Part 488, subpart E (Sec. 488.330(e))--for SNFs and NFs.
(iii) Part 493, subpart R (Sec. 493.1844)--for laboratories.
* * * * *
(Catalog of Federal Domestic Assistance Program No. 93.778, Medical
Assistance Program; No. 93.773, Medicare--Hospital Insurance; and
Program No. 93.774, Medicare--Supplementary Medical Insurance
Program)
Dated: April 28, 1999.
Neil J. Stillman,
Deputy Assistant, Secretary for Information Resources Management.
[FR Doc. 99-11510 Filed 5-7-99; 8:45 am]
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