[Federal Register Volume 70, Number 246 (Friday, December 23, 2005)]
[Rules and Regulations]
[Pages 76175-76176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24288]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Part 418

[CMS-1286-CN2]
RIN 0938-AN89


Medicare Program; Hospice Wage Index for Fiscal Year 2006

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

ACTION: Final rule, correction.

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SUMMARY: This document corrects technical errors that appeared in the 
final rule published in the Federal Register on August 4, 2005, 
entitled ``Hospice Wage Index for Fiscal Year 2006.''

EFFECTIVE DATE: This notice is effective on October 1, 2005.

FOR FURTHER INFORMATION CONTACT: Terri Deutsch, (410) 786-9462.

SUPPLEMENTARY INFORMATION:

I. Background

    On August 4, 2005, we published a final rule entitled, ``Hospice 
Wage Index for Fiscal Year 2006 (Federal Register Doc. 05-15290, 70 FR 
45130). On September 30, 2005, we published a correction notice 
(Federal Register Doc. 05-19609, 70 FR 57174) to correct a number of 
technical errors that had appeared in the final rule. Based on further 
review of the August 2005 final rule, we are correcting additional 
typographical and formatting errors that appeared in Table A and C of 
the addendum. Specifically, in Table A of the addendum, we are 
correcting the asterisk that corresponds to the footnotes that appear 
at the end of the table, as appropriate. We are correcting the wage 
index values for CBSA codes where the numerical numbers contained 
typographical errors or where numbers were transposed. In addition, in 
Table C of the addendum, we are correcting the wage index value figures 
for the CBSA code 24780, Pitt County, NC, and the CBSA code for 32820, 
Crittenden County, TN.
    This correction notice is consistent with the published hospice 
wage index values used to make payment as of October 1, 2005. In 
section II below, we provide a description of the errors and the 
changes being made to correct the errors.

[[Page 76176]]

II. Correction of Errors

    In FR Doc. 05-15290, published on August 4, 2005 (70 FR 45130), we 
are making the following corrections:

Table A--Hospice Wage Index for Urban Areas by CBSA

    1. On page 45147, in the fourth column, in the 4th through 23rd 
entry, for CBSA code 12060, change the MSA code ``520'' to ``0520''.
    2. On page 45148, in the third column, in lines 37 through 39, for 
CBSA code 13980, remove the asterisk from the urban area county codes 
for ``Montgomery, VA; Pulaski, VA; and Radford City, VA.''
    3. On page 45149, in the first column, in the 10th entry, for CBSA 
code 6580, change the CBSA code ``6580'' to ``16580.''
    4. On page 45150--
    A. In the fourth column, in the 15th entry, for CBSA code 17140, 
wage index 0.9207, urban area county code for Bracken, KY*, change the 
MSA code ``14'' to ``18.''
    B. In the third column, in the 15th entry from the bottom, for CBSA 
code 17980, change the urban area county ``Russell, AL,'' to ``Russell, 
AL*.''
    5. On page 45153--
    A. In the fourth column, in the first entry, for CBSA code 22744, 
change the MSA code ``2860'' to ``2680.''
    B. In the third column, for CBSA code 23540 as previously corrected 
on September 30, 2005 (70 FR 57176) change the wage index number for 
Alachua, FL* from ``0.9642'' to ``1.0033'' and the wage index number 
for ``Gilchrist, FL* from ``1.0033'' to ``0.9642.''
    C. In the second column, for CBSA code 24660, for urban area county 
code Randolph, NC*, remove the wage index number ``0.9382'' and add the 
wage index number ``0.9382'' to the urban area county code 
``Rockingham, NC*.''
    6. On page 45160 as corrected on September 30, 2005 (70 FR 57176) 
in the second column--
    A. In the second entry from the bottom, for the CBSA code 38540, 
change the wage index number for ``Bannock, ID*'' from ``0.9773'' to 
``1.0183.''
    B. In the first entry from the bottom, for the CBSA code 38540, 
change the wage index number for ``Power, ID*'' from ``1.0183'' to 
``0.9773.''

Table C--Blended Hospice Wage Index Codes for Selected Areas

    1. On page 45177, in the 6th column, in the 20th line, for the 
county name of Stanly, NC, change the special hospice wage index code 
``50192'' to ``50092.''
    2. On page 45188, in the 7th column, in the 25th line from the 
bottom, for the county name Pitt, NC, change the wage index number 
``0.09740'' to ``0.9740.''
    3. On page 45190, in the 7th column, in the 27th line, for the 
county name, Crittenden, TN, change the wage index number ``0.09785'' 
to ``0.9785.''

III. Waiver 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 take effect in accordance with section 553(b) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). However, we 
can waive this notice and comment procedure if the Secretary finds 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 notice.
    The revisions contained in this rule correct formatting and 
typographical errors in various sections of Table A and Table C of the 
addendum. These corrections are necessary to ensure that the final rule 
accurately reflects the correct hospice wage index values. Since they 
are not substantive, but merely technical, we find that public comments 
on these revisions are both unnecessary and impracticable. Therefore, 
we find good cause to waive notice and comment procedures.
    In addition, the Administrative Procedure Act (APA) normally 
requires a 30-day delay in the effective date of a final rule. Since 
this notice simply makes technical modifications to a final rule that 
has previously gone through notice-and-comment rulemaking and the 
corrections are only to formatting errors, we believe good cause also 
exists under the APA to waive the 30-day delay in the effective date.
    Section 1871(e)(1)(A) of the Act, as amended by section 903(a) of 
Pub .L. 108-173, provides that a substantive change in regulations 
shall not be applied retroactively to items and services furnished 
before the effective date of the change, unless the Secretary finds 
that such retroactive application is necessary to comply with statutory 
requirements or failure to apply the change retroactively would be 
contrary to the public interest. Although this correction notice is 
retroactive, it makes no substantive changes, but only corrects minor 
technical errors. Failure to make these changes retroactive to October 
1, 2005, is contrary to the public interest because the published wage 
index values do not match the actual wage index values utilized by CMS 
as of October 1, 2005. Actual payments made by CMS to hospice providers 
will not change. Therefore, we believe there is sufficient cause to 
make the corrections retroactive.

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

    Dated: December 12, 2005.
Ann C. Agnew,
Executive Secretary to the Department.
[FR Doc. 05-24288 Filed 12-22-05; 8:45 am]
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