[Federal Register Volume 71, Number 191 (Tuesday, October 3, 2006)]
[Rules and Regulations]
[Pages 58286-58287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8429]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 409, 410, 412, 413, 414, 424, 485, 489, and 505

[CMS-1488-CN]
RIN 0938-AO12


Medicare Program; Changes to the Hospital Inpatient Prospective 
Payment Systems and Fiscal Year 2007 Rates; Correction

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

ACTION: Correction of final rule.

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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 
entitled ``Medicare Program; Hospital Inpatient Prospective Payment 
Systems and Fiscal Year 2007 Rates.''

DATES: Effective Date: These corrections are effective on October 1, 
2006.

FOR FURTHER INFORMATION CONTACT: Marc Hartstein, (410) 786-4548.

SUPPLEMENTARY INFORMATION:

I. Background

    In FR Doc. 06-6692 of August 18, 2006 (71 FR 47870), the final rule 
entitled ``Changes to the Hospital Inpatient Prospective Payment 
Systems and Fiscal Year 2007 Rates'' (hereinafter referred to as the FY 
2007 IPPS final rule) there were several minor typographical and 
technical errors that we are identifying and correcting in section III. 
of this notice. The provisions in this correction notice are effective 
as if they had been included in the published FY 2007 IPPS final rule. 
Accordingly, the corrections are effective October 1, 2006.

II. Summary of the Corrections to the FY 2007 IPPS Final Rule

    On page 47944, in our preamble discussion regarding Carotid Artery 
Stents, we erroneously stated that we were creating a new DRG 583, 
when, in fact, we were creating a new DRG 577. Therefore, in section 
III. A. of this notice, we are correcting that error. This technical 
correction merely corrects the description of the new DRG in the 
preamble text and does not affect the GROUPER or the relative weight 
for the new DRG.
    On page 48137, we made several errors in the first amendatory 
statement for Sec.  412.25. First, we misstated that we were amending 
the introductory text of

[[Page 58287]]

Sec.  412.25(e) when instead we were amending Sec.  412.25(e)(1). 
Second, we inadvertently misquoted a portion of Sec.  412.25(e)(1). 
Specifically, we stated that we were removing the phrase ``paragraph 
(e)(2) and (e)(4)'' in the existing regulations. However, the existing 
regulation states ``paragraphs (e)(2) through (e)(4)''. Third, we made 
a typographical error in describing the phrase that was replacing the 
cross-reference described above. Specifically, we stated that 
``paragraph (e)(2) and (e)(5)'' was replacing ``paragraph (e)(2) and 
(e)(4).'' (We note that our final regulations make paragraphs (e)(2) 
through (e)(5), not just paragraphs (e)(2) and (e)(5), applicable to 
satellite facilities.) Therefore, in section III. B. of this notice, we 
are correcting the aforementioned errors by revising the first 
amendatory statement of Sec.  412.25 to indicate that in paragraph 
(e)(1) we are removing the cross-reference to ``paragraphs (e)(2) 
through (e)(4)'' and adding the cross-reference ``paragraphs (e)(2) 
through (e)(5)'' in its place.
    On pages 48191, 48201, and 48202, in Table 5--List of Diagnosis-
Related Groups (DRGS), Relative Weighting Factors, and Geometric and 
Arithmetic Mean Length of Stay (LOS), we inadvertently listed the 
incorrect DRG title for several DRGs and the incorrect major diagnosis 
category (MDC) for DRG 566 and DRG 572. Therefore, we are correcting 
these errors in section III. C. of this notice.

III. Correction of Errors

    In FR Doc. 06-6692 of August 18, 2006 (71 FR 47870), make the 
following corrections:

A. Corrections to Errors in the Preamble

    On page 47944, first column, second full paragraph, lines 1 and 5, 
the figure ``583'' is corrected to read ``577''.

B. Corrections to Errors in the Regulations Text


Sec.  412.25  [Corrected]

    On page 48137, first column, lines 10 through 14, in the first 
amendatory statement for Sec.  412.25, the sentence ``In paragraph (e) 
introductory text, remove the cross-reference `paragraph (e)(2) and 
(e)(4)' and add the cross-reference `paragraph (e)(2) and (e)(5)' in 
its place.'' is corrected to read, ``In paragraph (e)(1), remove the 
cross-reference `paragraphs (e)(2) through (e)(4)' and add the cross-
reference `paragraphs (e)(2) through (e)(5)' in its place.''

C. Corrections to Errors in the Addendum

    Note: The addendum does not appear in the Code of Federal 
Regulations.

    1. On pages 48191, 48201, and 48202 in Table 5--List of Diagnosis-
Related Groups (DRGS), Relative Weighting Factors, and Geometric and 
Arithmetic Mean Length of Stay (LOS) the following DRG titles (column 
6) are corrected to read as follows:

------------------------------------------------------------------------
                DRG                               DRG title
------------------------------------------------------------------------
DRG 303...........................  Kidney and Ureter Procedures for
                                     Neoplasm.
DRG 304...........................  Kidney and Ureter Procedures for Non-
                                     Neoplasm With CC.
DRG 305...........................  Kidney and Ureter Procedures for Non-
                                     Neoplasm Without CC.
DRG 543...........................  Craniotomy With Major Device Implant
                                     or Acute Complex CNS Principal
                                     Diagnosis.
DRG 568...........................  Stomach, Esophageal & Duodenal Proc
                                     Age >17 W CC W/O Major GI DX.
------------------------------------------------------------------------

    2. On page 48202, in Table 5--List of Diagnosis-Related Groups 
(DRGS), Relative Weighting Factors, and Geometric and Arithmetic Mean 
Length of Stay (LOS),--
    a. Row 9, DRG 566, the MDC (column 4) ``06'' is corrected to read 
``04''.
    b. Row 15, DRG 572, the MDC (column 4) ``08'' is corrected to read 
``06''.

IV. 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 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, if an agency finds for good cause that the delay is 
impracticable, unnecessary, or contrary to the public interest, and the 
agency incorporates a statement of the findings and its reasons in the 
rule issued.
    Therefore, we are waiving proposed rulemaking and the 30-day 
delayed effective date for the technical corrections in this notice. 
This notice merely corrects typographical and technical errors in the 
preamble, regulations text, and addendum of the FY 2007 IPPS final rule 
and does not make substantive changes to the policies or payment 
methodologies that were adopted in the final rule. As a result, this 
notice is intended to ensure that the FY 2007 IPPS final rule 
accurately reflects the policies adopted in the final rule. Therefore, 
we find that undertaking further notice and comment procedures to 
incorporate these corrections into the final rule or delaying the 
effective date of these changes is unnecessary and contrary to the 
public interest.

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

    Dated: September 28, 2006.
Ann C. Agnew,
Executive Secretary to the Department.
[FR Doc. 06-8429 Filed 9-29-06; 8:45 am]
BILLING CODE 4120-01-P