[Federal Register Volume 71, Number 126 (Friday, June 30, 2006)]
[Rules and Regulations]
[Pages 37504-37505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10290]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 420, 424, 489, and 498

[CMS-6002-F2]
RIN-0938-AH73


Medicare Program; Requirements for Providers and Suppliers To 
Establish and Maintain Medicare Enrollment; Correcting Amendment

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

ACTION: Final rule; correcting amendment.

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SUMMARY: This correcting amendment corrects a technical error 
identified in the final rule that appeared in the April 21, 2006 
Federal Register entitled ``Requirements for Providers and Suppliers to 
Establish and Maintain Medicare Enrollment.'' In that final rule, we 
require all providers and suppliers (other than physicians or 
practitioners who have elected to ``opt-out'' of the Medicare program) 
to: (1) Complete an enrollment form and submit specific information to 
us; and (2) periodically update and certify the accuracy of their 
enrollment information to receive and maintain billing privileges in 
the Medicare program. The final rule also implements statutory 
provisions requiring us to ensure that all Medicare providers and 
suppliers are qualified to provide the appropriate health care 
services. The effective date of the final rule was June 20, 2006.

DATES: Effective Date: This correcting amendment is effective on July 
31, 2006.

FOR FURTHER INFORMATION CONTACT: Michael C. Collett, (410) 786-6121.

SUPPLEMENTARY INFORMATION: 

I. Background and Summary of Error

    In FR Doc. 06-3722 (71 FR 20754), the final rule entitled 
``Requirements for Providers and Suppliers to Establish and Maintain 
Medicare Enrollment'' (hereinafter referred to the April 21, 2006 final 
rule), there was a technical error that is identified and corrected in 
the regulations text of this correcting amendment. The provisions of 
this correcting amendment are effective on July 31, 2006.
    On page 20781 of the April 21, 2006 final rule, we made a technical 
error in the regulation text of Sec.  498.3(b)(17). In this paragraph, 
we inadvertently omitted qualifying language related to our authority 
to deny, in addition to revoke, a provider or supplier's

[[Page 37505]]

Medicare enrollment. Accordingly, we are revising Sec.  498.3(b)(17) to 
accurately reflect our authority to deny or revoke a provider or 
supplier's Medicare enrollment. Therefore, on page 20781 third column, 
lines 44 through 46, the paragraph ``The revocation of a provider or 
supplier's Medicare enrollment in accordance to Sec.  424.535 of this 
chapter'' would be corrected to read ``Whether to deny or revoke a 
provider or supplier's Medicare enrollment in accordance with Sec.  
424.530 or Sec.  424.535 of this chapter.''

II. 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, 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 notice.
    Our policy on the requirements for providers and suppliers to 
establish and maintain Medicare enrollment in the April 21, 2006 final 
rule has previously been subjected to notice and comment procedures. 
This correction is consistent with the discussion of this policy in the 
April 21, 2006 final rule and does not make a substantive change to 
this policy. This correcting amendment merely corrects a technical 
error in the regulations text of the April 21, 2006 final rule. As a 
result, this correcting amendment is intended to ensure that the April 
21, 2006 final rule accurately reflects the policy adopted in this 
final rule and does not contradict policy found at Sec.  424.530, which 
did not receive any comments during the original comment period. 
Therefore, we find that undertaking further notice and comment 
procedures to incorporate these corrections into the final rule is 
unnecessary.

III. Correction of Errors

0
Given the error summarized in section I. of the correcting amendment, 
we are making the following correcting amendment to 42 CFR part 498:

PART 498--APPEALS PROCEDURES FOR DETERMINATIONS THAT AFFECT 
PARTICIPATION IN THE MEDICARE PROGRAM AND FOR DETERMINATIONS THAT 
AFFECT THE PARTICIPATION OF ICFs/MR AND CERTAIN NFs IN THE MEDICAID 
PROGRAM

0
Section 498.3 is amended by revising paragraph (b)(17) to read as 
follows:


Sec.  498.3  [Corrected]

* * * * *
    (b) * * *
    (17) Whether to deny or revoke a provider or supplier's Medicare 
enrollment in accordance with Sec.  424.530 or Sec.  424.535 of this 
chapter.
* * * * *
(Catalog of Federal Domestic Assistance Program No. 93.773, 
Medicare--Hospital Insurance; and Program No. 93.774, Medicare--
Supplementary Medical Insurance Program)

    Dated: June 27, 2006.
Ann Agnew,
Executive Secretary to the Department.
 [FR Doc. E6-10290 Filed 6-29-06; 8:45 am]
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