[Federal Register Volume 71, Number 189 (Friday, September 29, 2006)]
[Rules and Regulations]
[Pages 57447-57448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15980]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 412, 414, and 424

[CMS-1540-CN]
RIN 0938-AO16


Medicare Program; Inpatient Rehabilitation Facility Prospective 
Payment System for Federal Fiscal Year 2007; Certain Provisions 
Concerning Competitive Acquisition for Durable Medical Equipment, 
Prosthetics, Orthotics, and Supplies (DMEPOS); Accreditation of DMEPOS 
Suppliers; Correction

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

ACTION: Correction.

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SUMMARY: This document corrects technical errors that appeared in the 
final rule published in the Federal Register on August 18, 2006, titled 
``Medicare Program; Inpatient Rehabilitation Facility Prospective 
Payment System for Federal Fiscal Year 2007; Certain Provisions 
Concerning Competitive Acquisition for Durable Medical Equipment, 
Prosthetics, Orthotics, and Supplies (DMEPOS); Accreditation of DMEPOS 
Suppliers'' (71 FR 48354).

DATES: Effective Dates: The regulatory changes to part 412 of 42 CFR 
are effective October 1, 2006. The regulatory changes to part 414 of 42 
CFR, other than Sec.  414.406(e), are effective August 31, 2006. The 
effective date for Sec.  414.406(e) is October 1, 2006. The regulatory 
changes to part 424 of 42 CFR are effective October 2, 2006. The 
updated IRF prospective payment rates are effective October 1, 2006, 
for discharges occurring on or after October 1, 2006, and on or before 
September 30, 2007 (that is, during FY 2007).

FOR FURTHER INFORMATION CONTACT: Zinnia Ng, (410) 786-4587.

SUPPLEMENTARY INFORMATION:

I. Background

    In FR Doc. 06-6694 of August 18, 2006 (71 FR 48354), there were 
several technical errors that are identified and corrected in the 
Correction of Errors section below. The provisions in this correction 
notice are effective as if they had been included in the document 
published on August 18, 2006.

II. Summary of Errors

    The first of the technical errors identified and corrected in the 
Correction of Errors section below occurred in the ``Effective Dates'' 
paragraph of the final rule (71 FR 48354). We inadvertently neglected 
to identify the effective date for 42 Code of Federal Regulations (CFR) 
414.406(e). We will identify the effective date for Sec.  414.406(e) as 
October 1, 2006.
    In addition, two typographical errors occurred that resulted in 
duplicate descriptions of the Addendum that appears on page 48412 of 
the final rule, as well as a misspelled word that appears in a footnote 
on page 48434. We will delete the duplicate description of the Addendum 
and correct the spelling of the misspelled word.
    A typesetting error also occurred on page 48415 in the final rule. 
The wage index value for Canton-Massillon, Ohio (CBSA 15940) displays 
an incorrect wage index value of 0.8735. We will replace the incorrect 
wage index value with the correct wage index value of 0.8935, as 
published in the Inpatient Rehabilitation Facility Prospective Payment 
System (IRF PPS) proposed rule (71 FR 28106, 28145, May 15, 2006).

III. Correction of Errors

    In FR Doc. 06-6694 of August 18, 2006 (71 FR 48354), make the 
following corrections:
    1. On page 48354, in the first column, the paragraph entitled 
``Effective Dates'' is deleted and replaced with, ``Effective Dates: 
The regulatory changes to part 412 of 42 CFR are effective October 1, 
2006. The regulatory changes to part 414 of 42 CFR, other than Sec.  
414.406(e), are effective August 31, 2006. The effective date for Sec.  
414.406(e) is October 1, 2006. The regulatory changes to part 424 of 42 
CFR are effective October 2, 2006. The updated IRF prospective payment 
rates are effective October 1, 2006, for discharges occurring on or 
after October 1, 2006, and on or before September 30, 2007 (that is, 
during FY 2007).''
    2. On page 48412, portions of the first and second columns will be 
deleted. The text to be deleted begins in the first column with the 
word ``Addendum'' through the end of the second full paragraph in the 
second column.
    3. On page 48415, the Canton-Massillon, OH (CBSA 15940) wage index 
value of ``0.8735'' is corrected to read ``0.8935''.
    4. On page 48434, in the third column, second footnote, line 2, 
``shrot'' is corrected to read ``short''.

IV. 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.
    Section 553(d) of the APA ordinarily requires a 30-day delay in 
effective date of final rules after the date of their publication in 
the Federal Register. This 30-day delay in effective date can be 
waived, however, for good cause found by the agency, if the agency 
incorporates a statement of the finding and its reasons in the rule 
issued.
    The policies and payment methodology expressed in the FY 2007 final 
rule (71 FR 48354) have previously been subjected to notice and comment 
procedures. This correction notice merely provides technical 
corrections to the FY 2007 final rule that was promulgated through 
notice and comment rulemaking, and does not make substantive changes to 
the policies or payment methodology that were expressed in the final 
rule. For example, this notice corrects typographical and typesetting 
errors. In addition, we inadvertently neglected to identify the 
effective date for 42 CFR 414.406(e). Therefore, we find it unnecessary 
to undertake further notice and comment

[[Page 57448]]

procedures with respect to this correction notice. We also believe it 
is in the public interest to waive notice and comment procedures and 
the 30-day delay in effective date for this notice. This correction 
notice is intended to ensure that the FY 2007 final rule accurately 
reflects the policies expressed in the final rule, and the correct 
information is made available to the public prior to October 1, 2006.
    For the reasons stated above, we find that both notice and comment 
and the 30-day delay in effective date for this correction notice are 
unnecessary and impracticable. We also find that it is in the public 
interest to make this notice effective in conjunction with the final 
rule to which the corrections apply, and that it would be contrary to 
the public interest to do otherwise. Therefore, we find good cause to 
waive notice and comment procedures and the 30-day delay in effective 
date for this correction notice.

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

    Dated: September 22, 2006.
Ann C. Agnew,
Executive Secretary to the Department.
 [FR Doc. E6-15980 Filed 9-28-06; 8:45 am]
BILLING CODE 4120-01-P