[Federal Register Volume 71, Number 191 (Tuesday, October 3, 2006)]
[Notices]
[Pages 58415-58416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8430]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[CMS-1535-CN, CMS-8030-CN2]
RIN 0938-AO26, 0938-AO23


Medicare Program; Hospice Wage Index for Fiscal Year 2007; 
Medicare Part B Monthly Actuarial Rates, Premium Rates, and Annual 
Deductible for Calendar Year 2007; Corrections

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

ACTION: Correction of notices.

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SUMMARY: This document corrects technical errors that appeared in the 
notice published in the September 1, 2006 Federal Register, entitled 
``Hospice Wage Index for Fiscal Year 2007'' and a technical error in 
the notice that appeared in the September 18, 2006 Federal Register 
entitled ``Medicare Part B Monthly Actuarial Rates, Premium Rates, and 
Annual Deductible for Calendar Year 2007.''

DATES:  Effective Date: The corrections to the Hospice Wage Index for 
Fiscal Year 2007 notice are effective on October 1, 2006. The 
correction to the Medicare Part B Monthly Actuarial Rates, Premium 
Rates, and Annual Deductible for Calendar Year 2007 notice is effective 
January 1, 2007.

FOR FURTHER INFORMATION CONTACT: Terri Deutsch, (410) 786-9462, for 
issues related to the hospital wage index for fiscal year 2007. M. Kent 
Clemens, (410) 786-6391, for issues related to the Medicare Part B 
Monthly Actuarial Rates, Premium Rates, and Annual Deductible for 
Calendar Year 2007.

SUPPLEMENTARY INFORMATION: 

I. Corrections to the Hospice Wage Index for Fiscal Year 2007 Notice

A. Background

    In FR Doc 6-7293, of September 1, 2006 (71 FR 52080) entitled, 
``Hospice Wage Index for Fiscal Year 2007,'' there were errors that we 
identify in section I.B. and correct in section I.C of this notice.

B. Summary of Errors

    In the September 1, 2006 notice, on page 52087, we published an 
Addendum that list the updated urban and rural wage index values for 
hospices utilizing the Core-Based Statistical Areas (CBSA) 
designations. To ensure that hospice providers were able to identify 
their current wage index, the table contains the CBSA codes, CBSA 
county name, and CBSA wage index. However, we inadvertently omitted the 
title of the table. In addition, for CBSA code 33460, we made a 
typographical error when we entered the wage index value.
    This correction notice is consistent with the published hospice 
wage index values that will be used to make payment as of October 1, 
2006. In section I.C. of this notice, we correct these errors.

C. Correction of Errors

    Make the following corrections to the September 1, 2006 notice (71 
FR 52080):
    1. On page 52087, before the table, insert the heading ``TABLE A--
HOSPICE WAGE INDEX FOR URBAN AREAS.''
    2. On page 52106, in the third column, in line 4, for CBSA code 
33460, the wage index value ``0.1778'' is corrected to read ``1.1778.''

D. 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 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 document merely correct omissions 
and typographical errors in the addendum for Table A. These corrections 
are necessary to ensure that the notice 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 
unnecessary. 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 notice. Since this 
notice simply makes technical modifications to a notice that has 
previously gone through notice-and-comment rulemaking, we believe good 
cause also exists under the APA to waive the 30-day delay in the 
effective date and that a delay in the correction's effective date is 
also unnecessary. Thus, these corrections are effective October 1, 
2006.

II. Corrections to the Medicare Part B Monthly Actuarial Rates, Premium 
Rates, and Annual Deductible for Calendar Year 2007 Notice

A. Background

    In FR Doc. 06-7709 of September 18, 2006 (71 FR 54665), there was a 
technical error in the calculation of the income-related monthly 
adjustment amounts. This error is identified and corrected in section 
II.B. of this notice. The provisions of this correction notice are 
effective as if they had been included in the document that appeared in 
the Federal Register on September 18, 2006. Accordingly, the 
corrections are effective January 1, 2007.
    Under section 5111 of the Deficit Reduction Act of 2005 (Pub. L. 
109-171) (DRA), in 2007 beneficiaries will be responsible for 33 
percent of any applicable income-related monthly adjustment to the Part 
B premium. In the September 18, 2006 notice, we inadvertently stated 
that beneficiaries would only be responsible for ``one-third of any 
applicable income-related monthly adjustment amount,'' and we used a 
value of 33\1/3\ percent to calculate the income-related monthly 
adjustment amounts. In the September 22, 2006 correction notice, we 
corrected the income-related adjustment amounts to reflect a value of 
``33 percent'' as the basis for the calculation of these rates. In this 
correction notice, we are correcting a value that we inadvertently 
missed in the correction notice we published in the September 22, 2006 
Federal Register (71 FR 55480).

B. Correction of Error

    In FR Doc. 06-7709 of September 18, 2006 (71 FR 54665), make the 
following correction:
    On page 54672, in the first table, in the third column, in the 
fourth row, the amount ``$49.90'' is corrected to read ``$49.40.''

[[Page 58416]]

C. 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.
    The Medicare statute requires the publication of the monthly 
actuarial rates and the Part B premium amounts in September. We 
ordinarily use general notices, rather than notice and comment 
rulemaking procedures, to make such announcements. In doing so, we note 
that, under the Administrative Procedure Act, interpretive rules, 
general statements of policy, and rules of agency organization, 
procedure, or practice are excepted from the requirements of notice and 
comment rulemaking.
    This notice corrects an inadvertent error in the notice that 
appeared in the Federal Register on September 18, 2006, entitled 
``Medicare Part B Monthly Actuarial Rates, Premium Rates, and Annual 
Deductible for Calendar Year 2007.'' In that notice, we also determined 
that notice and comment was unnecessary because the formulas used to 
calculate the Part B premium and the income-related monthly adjustment 
amounts are statutorily directed and we can exercise no discretion in 
applying those formulas. Moreover, the statute establishes the time 
period for which the premium rates will apply, and delaying publication 
of the Part B premium rate such that it would not be published before 
that time would be contrary to the public interest.
    For the same reasons, we find good cause to waive notice and 
comment procedures with respect to this correction notice. In addition, 
this correction notice includes the changes necessary to correct a 
technical error in the computation of the income-related monthly 
adjustment amount under the statutory formula. Because these changes 
affect the amount of the Part B income-related monthly adjustment that 
will be paid by certain beneficiaries, it is in the public interest to 
ensure that these changes are made as soon after the publication of the 
original notice as possible.

(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. 06-8430 Filed 9-29-06; 8:45 am]
BILLING CODE 4120-01-P