[Federal Register Volume 70, Number 191 (Tuesday, October 4, 2005)]
[Rules and Regulations]
[Pages 57785-57786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19924]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 405, 412, 413, 415, 419, 422, and 485
[CMS-1500-F2]
RIN-0938-AN57
Medicare Program; Changes to the Hospital Inpatient Prospective
Payment Systems and Fiscal Year 2006 Rates; Correcting Amendment
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Final rule; correcting amendment.
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SUMMARY: This document corrects technical errors in the final rule that
appeared in the August 12, 2005 Federal Register entitled ``Changes to
the Hospital Inpatient Prospective Payment Systems and Fiscal Year 2006
Rates.''
EFFECTIVE DATE: This correcting amendment is effective August 12, 2005.
FOR FURTHER INFORMATION CONTACT: Marc Hartstein, (410) 786-4548.
SUPPLEMENTARY INFORMATION:
I. Background and Summary of Errors
In FR Doc. 05-15406 (70 FR 47278), the final rule entitled
``Changes to the Hospital Inpatient Prospective Payment Systems and
Fiscal Year 2006 Rates'' (hereinafter referred to as the FY 2006 final
rule), there were technical errors that are identified and corrected in
the regulations text of this correcting amendment. The provisions of
this correcting amendment are effective August 12, 2005.
On page 47487 of the FY 2006 final rule, we made technical errors
in the regulation text of Sec. 412.230(d)(2)(iii). In this paragraph,
we inadvertently omitted qualifying language related to our
reclassification policy. Accordingly, we are revising Sec.
412.230(d)(2)(iii) to accurately reflect our policy on reclassification
of a campus of a multicampus hospital. Therefore, on page 47487 first
column, lines 23 through 25, the phrase ``may seek reclassification to
a CBSA in which another campus(es) is located'' would be corrected to
read ``may seek reclassification only to a CBSA in which another
campus(es) is located'' and on lines 29 and 30, the phrase ``may
submit'' would be corrected to read ``must submit.''
[[Page 57786]]
II. Waiver of Proposed Rulemaking and 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 in accordance with section 553(b) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). However, we
can waive the notice and comment procedures if the Secretary finds, for
good cause, that the notice and comment process is impracticable,
unnecessary or contrary to the public interest, and incorporates a
statement of the finding and the reasons therefore in the rule. We can
also waive the 30-day delay in effective date under the APA (5 U.S.C.
553(d)) when there is good cause to do so and we publish in the rule an
explanation of our good cause.
Our policy on reclassification of a campus of a multicampus
hospital in the FY 2006 final rule has previously been subjected to
notice and comment procedures. These corrections are consistent with
the discussion of this policy in the FY2006 final rule and do not make
substantive changes to this policy. This correcting amendment merely
corrects technical errors in the regulations text of the FY 2006 final
rule. As a result, this correcting amendment is intended to ensure that
the FY 2006 final rule accurately reflects the policy adopted in the
final rule. Therefore, we find that undertaking further notice and
comment procedures to incorporate these corrections into the final rule
is unnecessary and contrary to the public interest.
For the same reasons, we are also waiving the 30-day delay in
effective date for this correcting amendment. We believe that it is in
the public interest to ensure that the FY 2006 final rule accurately
states our policy on reclassification of a campus of a multicampus
hospital. Thus delaying the effective date of these corrections would
be contrary to the public interest. Therefore, we also find good cause
to waive the 30-day delay in effective date.
III. Correction of Regulation Text Errors
Given the errors summarized in section I of this correcting
amendment, we are making the following correcting amendments to 42 CFR
Part 412:
PART 412--PROSPECTIVE PAYMENT SYSTEMS FOR INPATIENT HOSPITAL
SERVICES
0
Section 412.230 is amended by revising paragraph (d)(2)(iii) to read as
follows:
Sec. 412.230 Criteria for an individual hospital seeking
redesignation to another rural area or an urban area.
* * * * *
(d)
(2) * * *
(iii) For applications submitted for reclassifications effective in
FYs 2006 through 2008, a campus of a multicampus hospital may seek
reclassification only to a CBSA in which another campus(es) is located.
If the campus is seeking reclassification to a CBSA in which another
campus(es) is located, as part of its reclassification request, the
requesting entity must submit the composite wage data for the entire
multicampus hospital as its hospital-specific data.
* * * * *
(Catalog of Federal Domestic Assistance Program No. 93.773,
Medicare--Hospital Insurance; and Program No. 93.774, Medicare--
Supplementary Medical Insurance Program)
Dated: September 29, 2005.
Ann C. Agnew,
Executive Secretary to the Department.
[FR Doc. 05-19924 Filed 9-30-05; 11:06 am]
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