[Federal Register Volume 67, Number 144 (Friday, July 26, 2002)]
[Rules and Regulations]
[Pages 48801-48802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17620]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Part 413

CMS-1883-F3
RIN 0938-AI80


Medicare Program; Revision of the Procedures for Requesting 
Exceptions to Cost Limits for Skilled Nursing Facilities and 
Elimination of Reclassifications; Technical Correction

AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.

ACTION: Technical correction.

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SUMMARY: In the October 10, 2000 issue of the Federal Register (65 FR 
60104), we published a technical correction to the August 5, 1999 issue 
of the Federal Register (64 FR 42610). This technical correction amends 
the regulations text to correct an inadvertent error that occurred when 
the Code of Federal Regulations (CFR) was published. It also explains a 
technical correction that is accurately reflected in the current 
language as it appears in the CFR, as it was intended in the correction 
notice of October 10, 2000.

EFFECTIVE DATE: September 7, 1999.

FOR FURTHER INFORMATION CONTACT: Julie Stankivic, (410) 786-5725.

SUPPLEMENTARY INFORMATION:

Background

    In the October 10, 2000 technical correction (65 FR 60104), we 
amended the regulations text to make technical corrections to those 
parts of the regulation unrelated to the skilled nursing facilities 
(SNFs) exception procedures that were inadvertently changed. In the 
regulations text corrected under 42 CFR 413.30(d), we stated that we 
were removing the words ``the type of'' from the first sentence. It was 
our intention to remove these words; however, we referenced the first 
sentence, and these words were found in the second sentence. We note 
that the regulations text as published in the Code of Regulations (CFR) 
actually accurately reflects the change that was intended in the 
correction notice of October 10, 2000. Therefore, we are not amending 
the regulations text in this technical correction.
    In addition, in the most recent publication of the CFR in 
Sec. 413.30(d), the word ``as'' has been inadvertently removed from the 
third sentence. In the October 10, 2000 technical correction, we did 
not intend to make any changes that would have resulted in the removal 
of the word ``as'' after the phrase ``has operated'' in the third 
sentence of Sec. 413.30(d). We are reinserting the word as no change 
was intended.

Provisions of the Technical Correction

    We are making the necessary technical correction to the regulations 
text to restore the text to conform to the stated purpose of the 
correction notice.

Waiver of Notice of Proposed Rulemaking

    We ordinarily publish a notice of proposed rulemaking in the 
Federal Register to provide a period for public comment before the 
provisions of a rule such as this take effect. We can waive this 
procedure, however, if we find good cause that a notice and comment 
procedure is impracticable, unnecessary, or contrary to the public 
interest and incorporate a statement of the finding and its reasons in 
the notice issued.
    We find it unnecessary to undertake notice and comment rulemaking 
because this document merely provides a technical correction to the 
regulations and does not make any substantive changes to the 
regulations. Therefore, for good cause, we waive notice and comment 
procedures.

List of Subjects in 42 CFR Part 413

    Health facilities, Kidney diseases, Medicare, Puerto Rico, 
Reporting and record keeping requirements.

Corrections to the Regulations Text

    Accordingly, 42 CFR part 413 is corrected by making the following 
correcting amendment:

PART 413-PRINCIPLES OF REASONABLE COST REIMBURSEMENT; PAYMENT FOR 
END-STAGE RENAL DISEASE SERVICES; PROSPECTIVELY DETERMINED PAYMENT 
RATES FOR SKILLED NURSING FACILITIES

    1. The authority citation for part 413 continues to read as 
follows:

    Authority: Secs. 1102, 1812(d), 1814(b), 1815, 1833(a), (i), and 
(n), 1871, 1881, 1883,

[[Page 48802]]

and 1886 of the Social Security Act (42 U.S.C. 1302, 1395d(d), 
1395f(b), 1395(g), 13951(a), (i), and (n), 1395hh, 1395rr, 1395tt, 
and 1395ww).


Sec. 413.30  [Corrected]

    2. In paragraph (d) the word ``as'' is added after the phrase ``has 
operated'' in the third sentence.

(Catalog of Federal Domestic Assistance Program No. 93.773 
Medicare--Hospital Insurance)
    Dated: April 25, 2002.
Ann C. Agnew,
Executive Secretary to the Department.
[FR Doc. 02-17620 Filed 7-25-02; 8:45 am]
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