[Federal Register Volume 64, Number 128 (Tuesday, July 6, 1999)] [Proposed Rules] [Pages 36320-36321] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-17026] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Care Financing Administration 42 CFR Parts 409, 410, 411, 412, 413, 419, 489, 498, and 1003 [HCFA-1005-4N] RIN 0938-AI56 Medicare Program; Prospective Payment System for Hospital Outpatient Services; Extension of Comment Period AGENCY: Health Care Financing Administration (HCFA), HHS. ACTION: Notice of extension of comment period for proposed rule. ----------------------------------------------------------------------- SUMMARY: This notice extends the comment period for the fourth time on a proposed rule published in the Federal Register on September 8, 1998, (63 FR 47552). In that rule, as required by sections 4521, 4522, and 4523 of the Balanced Budget Act of 1997, we proposed to eliminate the formula-driven overpayment for certain outpatient hospital services, extend reductions in payment for costs of hospital outpatient services, and establish in regulations a prospective payment system for hospital outpatient services (and for Medicare Part B services furnished to inpatients who have no Part A coverage.) DATES: The comment period is extended to 5 p.m. on July 30, 1999. ADDRESSES: Mail written comments (one original and three copies) to the following address: Health Care Financing Administration, Department of Health and Human Services, Attention: HCFA-1005-P, P.O. Box 26688, Baltimore, MD 21207-0488. If you prefer, you may deliver your written comments (one original and three copies) to one of the following addresses: Room 443-G, Hubert H. Humphrey Building, 200 Independence Avenue, SW., Washington, DC 20201, or Room C5-09-26, Central Building, 7500 Security Boulevard, Baltimore, MD 21244-1850. Because of staffing and resource limitations, we cannot accept comments by facsimile (FAX) transmission. In commenting, please refer to file code HCFA-1005-P. Comments received timely will be available for public inspection as they are received, generally beginning approximately 3 weeks after publication of a document, in Room 443-G of the Department's offices at 200 Independence Avenue, SW., Washington, DC, on Monday through Friday of each week from 8:30 a.m. to 5 p.m. (phone: (202) 690-7890). For comments that relate to information collection requirements, mail a copy of comments to: Health Care Financing Administration. Office of Information Services, Standards And Security Group, Division of HCFA Enterprise Standards, Room N2-14-26, 7500 Security Boulevard, Baltimore, MD 21244-1850. Attn: John Burke HCFA-1005-P and, Office of Information and Regulatory Affairs, Office of Management and Budget, Room 10235, New Executive Office Building, Washington, DC 20503, Attn: Allison Herron Eydt, HCFA Desk Officer. FOR FURTHER INFORMATION CONTACT: Janet Wellham, (410) 786-4510. SUPPLEMENTARY INFORMATION: On September 8, 1998, we issued a proposed rule in the Federal Register (63 FR 47552) that would do the following:Eliminate the formula-driven overpayment for certain hospital outpatient services. Extend reductions in payment for costs of hospital outpatient services. Establish in regulations a prospective payment system for hospital outpatient services, for partial hospitalization services furnished by community mental health centers, and for certain Medicare Part B services furnished to inpatients who have no Part A coverage. Propose new requirements for provider departments and provider-based entities. Implement section 9343(c) of the Omnibus Budget Reconciliation Act of 1986, which prohibits Medicare payment for nonphysician services furnished to a hospital outpatient by a provider or supplier other than a hospital unless the services are furnished under an arrangement with the hospital. Authorize the Department of Health and Human Services' Office of Inspector General to impose a civil money penalty against any individual or entity who knowingly presents a bill for nonphysician or other bundled services not provided directly or under such an arrangement. The comment period for the proposed rule initially closed on November 9, 1998. Because of the scope of the proposed rule, hospitals and numerous professional associations requested more time to analyze the potential consequences of the rule. Therefore, we published a notice on November 13, 1998, (63 FR 63429), which extended the comment period until January 8, 1999. Because of further requests from hospitals and professional associations, we published another notice on January 12, 1999, (64 FR 1784) extending the comment period to March 9, 1999. Due to additional requests for more time to analyze the potential consequences of the proposed rule on March 12, 1999,(64 FR 12277) we again extended the comment period until June 30, 1999. On June 30, 1999 we published a correction notice (64 FR 35258) in the Federal Register that corrects a number of technical and typographical errors contained in the September 8, 1998 proposed rule. The correction notice is entitled ``Medicare Program; Prospective Payment System for Hospital Outpatient Services; Correction Notice.'' Due to the publication of the correction notice and our wish to provide potential commenters adequate time to analyze the potential consequences of the proposed rule, we are again extending the comment period to July 30, 1999. Numerous hospital industry groups, in preparing to comment on the proposed rule, had asked for extensive information on the databases used to develop the proposed prospective payment system for hospital outpatient services. These requests included detailed programming specifications and analysis of individual proposed rates, including underlying data. Because the correction notice reflecting these corrected data was not published until June 30, 1999 and because these data will engender additional analysis by interested parties, we believe that further extending the current comment period is appropriate. Published elsewhere in this issue of the Federal Register is a notice extending the comment period for the proposed rule published in the June 12, 1998, Federal Register in which we propose to rebase Medicare payment rates and update the list of approved procedures for ambulatory surgical centers (ASCs) (63 FR 32290). We are [[Page 36321]] extending the comment period for the June 12, 1998, ASC proposed rule to be concurrent with the extended comment period for the September 8, 1998, hospital outpatient proposed rule because Medicare payments to ASCs are closely linked to the manner in which Medicare proposes to pay hospitals under a prospective payment system for surgical services furnished on an outpatient basis. Authority: Secs. 1102 and 1871 of the Social Security Act (42 U.S.C. 1302 and 1395hh). (Catalog of Federal Domestic Assistance Program No. 93.774, Medicare--Supplementary Medical Insurance Program) Dated: June 24, 1999. Nancy-Ann Min DeParle, Administrator, Health Care Financing Administration. Dated: June 30, 1999. Donna E. Shalala, Secretary. [FR Doc. 99-17026 Filed 6-30-99; 2:00 pm] BILLING CODE 4120-01-P