[Federal Register Volume 72, Number 120 (Friday, June 22, 2007)]
[Proposed Rules]
[Page 34425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11721]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 405, 413, and 417

[CMS-1727-RCN]
RIN 0938-AL54


Medicare Program; Provider Reimbursement Determinations and 
Appeals; Extension of Timeline for Publication of Final Rule

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

ACTION: Extension of timeline.

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SUMMARY: Section 1871(a)(3)(A) of the Social Security Act (the Act) 
requires us to publish a Medicare final rule no later than 3 years 
after the publication date of the proposed rule. This notice announces 
an extension of the timeline for publication of a Medicare final rule 
in accordance with section 1871(a)(3)(B) of the Act, which allows us to 
extend the timeline for publication of final rules under exceptional 
circumstances.

DATES: The timeline for the publication of a final rule is extended 
until June 25, 2008.

FOR FURTHER INFORMATION CONTACT: Morton Marcus, (410) 786-4477. Donald 
Romano, (410) 786-1401.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 1871(a)(3)(A) of the Act requires us to establish and 
publish a regular timeline for the publication of final regulations 
based on the previous publication of a proposed regulation. In 
accordance with section 1871(a)(3)(B) of the Act, the timeline may vary 
among different regulations based on differences in the complexity of 
the regulation, the number and scope of comments received, and other 
relevant factors, but may not be longer than 3 years except under 
exceptional circumstances. If the Secretary intends to vary the 
timeline for publication of a final rule, the Secretary is required to 
publish notice of the different timeline in the Federal Register no 
later than the timeline previously established for the final rule. The 
notice is required to include a brief explanation of the justification 
for the variation in timeline.

II. Notice of Continuation

    In the June 25, 2004 Federal Register (69 FR 35716), we published a 
proposed rule that would update, clarify, and revise various provisions 
of the regulations governing provider reimbursement determinations, 
appeals before the Provider Reimbursement Review Board (PRRB), appeals 
before the intermediaries and Administrator review of decisions made by 
the PRRB.
    This notice extends the timeline for publication of the final rule. 
We are not able to meet the 3-year timeline for publication due to the 
complexity of the public comments received, and the complex policy and 
legal issues raised by those comments, which require extensive 
consultation and analysis. These extraordinary circumstances require an 
extension of the timeline; therefore this notice extends the timeline 
for publication of the final rule until June 25, 2008.

    Authority: Section 1871 of the Social Security Act (42 U.S.C. 
1395hh).

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

    Dated: June 12, 2007.
Ann Agnew,
Executive Secretary to the Department.
[FR Doc. E7-11721 Filed 6-21-07; 8:45 am]
BILLING CODE 4120-01-P