[Federal Register Volume 69, Number 122 (Friday, June 25, 2004)]
[Rules and Regulations]
[Page 35529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14054]

[[Page 35529]]



Centers for Medicare & Medicaid Services

42 CFR Part 409


Medicare Program; Prospective Payment System and Consolidated 
Billing for Skilled Nursing Facilities; Correcting Amendment

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

ACTION: Final rule; correcting amendment.


SUMMARY: In the August 4, 2003 issue of the Federal Register (68 FR 
46036), we published a final rule that updates the payment rates used 
under the prospective payment system for skilled nursing facilities for 
fiscal year 2004. The effective date was October 1, 2003. This 
correcting amendment corrects a typographical error identified in the 
August 4, 2003 final rule.

DATES: Effective Date: This correcting amendment is effective July 26, 

FOR FURTHER INFORMATION CONTACT: Bill Ullman, (410) 786-5667.


I. Background

    In FR Doc. 03-19677 of August 4, 2003 (68 FR 46036), there was a 
technical error we are identifying and correcting in the ``Correction 
of Errors'' section II of this final rule. Specifically, the August 4, 
2003 final rule made a number of technical corrections to the 
regulations, including the revision of a cross-reference that appears 
in the regulations text at Sec.  409.20(c). However, in republishing 
the introductory portion of paragraph (c) of Sec.  409.20, we 
inadvertently used the paragraph heading for the preceding paragraph 
instead (paragraph (b)(2), ``Services not generally provided by (or 
under arrangements made by) SNFs''). Therefore, we are publishing this 
final rule to restore the correct paragraph heading (``Terminology.'') 
for paragraph (c) of Sec.  409.20. The provisions in this final rule 
are effective July 26, 2004.

II. Correction of Errors

    In FR Doc. 03-19677 of August 4, 2003 (68 FR 46036), make the 
following correction:
    On page 46070, in the second column, the heading for paragraph (c) 
of Sec.  409.20 should read, ``Terminology.''

III. Waiver of Proposed Rulemaking and 30-day Delay in Effective Date

    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 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 finding and its reasons for it into the 
correcting amendment issued (5 U.S.C. (b)(B)).
    We find for good cause that it is unnecessary to undertake notice 
and public comment procedures because this correcting amendment does 
not make any substantive policy changes. This document makes technical 
corrections and conforming changes to the August 4, 2003 final rule. 
Therefore, for good cause we waive the notice and public comment 

Accordingly, 42 CFR chapter IV is corrected by making the following 
correcting amendment:

The authority citation for part 409 continues to read as follows:

    Authority: Secs. 1102 and 1871 of the Social Security Act (42 
U.S.C. 1302 and 1395hh).

Subpart C--Posthospital SNF Care

In Sec.  409.20, the introductory text to paragraph (c) is revised to 
read as follows:

Sec.  409.20  Coverage of services.

* * * * *
    (c) Terminology. In Sec.  409.21 through Sec.  409.36--.
* * * * *

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

    Dated: June 2, 2004.
Ann C. Agnew,
Executive Secretary to the Department.
[FR Doc. 04-14054 Filed 6-24-04; 8:45 am]