[Federal Register Volume 66, Number 119 (Wednesday, June 20, 2001)]
[Rules and Regulations]
[Pages 33030-33031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15587]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Care Financing Administration

42 CFR Part 405

[HCFA-3074-F]
RIN 0938-AK98


Medicare and Medicaid Programs; End-Stage Renal Disease--Waiver 
of Conditions for Coverage Under a State of Emergency in Houston, TX 
Area

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

ACTION: Final rule.

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SUMMARY: This final rule grants a waiver of the end-stage renal disease 
conditions for coverage to permit the transplant team of an approved 
renal transplant center to furnish covered kidney transplant services 
in three specific hospitals in the Houston, Texas area during a state 
of emergency crisis.

EFFECTIVE DATE: These regulations are effective on June 15, 2001.

FOR FURTHER INFORMATION CONTACT: Jackie Sheridan, (410) 786-4635, or 
Jennifer Doherty, (410) 786-2462.

SUPPLEMENTARY INFORMATION:

I. Provisions of this Rule

    A state of emergency has resulted from a natural disaster causing 
massive flooding, loss of power, and disruption to basic services 
throughout the Houston, Texas area. A severe health and safety threat 
exists from the unanticipated damage done to hospitals in the entire 
Houston area. Approximately 2,000 hospital beds in downtown Houston 
have been closed, including end-stage renal disease (ESRD) facilities 
currently approved to furnish kidney transplant services.
    Effective June 15, 2001, we are waiving the ESRD conditions for 
coverage in 42 CFR, part 405, subpart U to permit coverage of kidney 
transplant services performed by the transplant team from Memorial 
Hermann Hospital when performed at one of the following hospitals:
     Memorial Hermann-Memorial City Hospital (commonly referred 
to as Memorial City Hospital).
     Memorial Hermann Southwest Hospital (commonly referred to 
as Memorial Southwest Hospital).
     Memorial Hermann Southeast Hospital (commonly referred to 
as Memorial Southeast Hospital).
    This waiver of the conditions for coverage is effective until 
December 15, 2001 or until memorial Hermann Hospital re-opens to 
furnish kidney transplant services, whichever date occurs first.

II. Waiver of Proposed Rulemaking & Delay of Effective Date

    We ordinarily publish a notice of proposed rulemaking in the 
Federal Register and invite public comment on the proposed rule. The 
notice of proposed rulemaking includes a reference to the legal 
authority under which the rule is proposed, and the terms and 
substances of the proposed rule or a description of the subjects and 
issues involved. We generally delay the effective date of a final rule. 
These procedures can be waived, however, if an agency finds good cause 
that the notice-and-comment and effective date delay procedures are 
impracticable, unnecessary, or contrary to the public interest and 
incorporates a statement of the finding and its reasons in the rule 
issued. Because of the imminent danger posed to patients needing a 
kidney transplant and the loss of availability of facilities to perform 
these services, we find that notice-and-comment is impracticable, 
unnecessary, and contrary to the public interest.
    Therefore, we find good cause to waive the notice of proposed 
rulemaking and delay of effective date to issue this final rule.

List of Subjects in Part 405

    Administrative practice and procedure, Health facilities, Health 
professions, Kidney diseases, Medicare, Reporting and recordkeeping 
requirements, Rural areas, X-rays.

    For the reasons set forth in the preamble, 42 CFR, chapter IV, is 
amended as set forth below:

PART 405--FEDERAL HEALTH INSURANCE FOR THE AGED AND DISABLED

    1. The authority citation for part 405, subpart U continues to read 
as follows:

    Authority: Secs. 1102, 1138, 1861, 1862(a), 1871, 1874, and 1881 
of the Social Security Act (42 U.S.C. 1302, 1320b-8, 1395x, 
1395y(a), 1395hh, 1395kk, and 1395rr), unless otherwise noted.

Subpart U--Conditions for Coverage of Suppliers of End-Stage Renal 
Disease (ESRD)

    2. A new Sec. 405.2175 is added to read as follows:


Sec. 405.2175  Waiver of conditions for coverage for state of emergency 
situations.

    (a) Effective June 15, 2001, HCFA waives the ESRD conditions for 
coverage in this subpart to permit coverage of kidney transplant 
services

[[Page 33031]]

performed by the transplant team from Memorial Hermann Hospital when 
performed at one of the following hospitals:
    (1) Memorial Hermann-Memorial City Hospital (commonly referred to 
as Memorial City Hospital).
    (2) Memorial Hermann Southwest Hospital (commonly referred to as 
Memorial Southwest Hospital).
    (3) Memorial Herman Southeast Hospital (commonly referred to as 
Memorial Southeast Hospital).
    (b) The waiver of the conditions for coverage is effective until 
December 15, 2001 or until Memorial Hermann Hospital re-opens to 
furnish kidney transplant services, whichever date occurs first. HCFA 
will publish a rule removing this waiver after it expires.

(Catalog of Federal Domestic Assistance Program No. 93.778, Medical 
Assistance Program)

(Catalog of Federal Domestic Assistance Program No. 93.773, 
Medicare--Hospital Insurance; and Program No. 93.774, Medicare--
Supplementary Medical Insurance Program)

Thomas A. Scully,
Administrator, Health Care Financing Administration.
Tommy G. Thompson,
Secretary.
[FR Doc. 01-15587 Filed 6-15-01; 5:10 pm]
BILLING CODE 4120-01-M