[Federal Register Volume 73, Number 10 (Tuesday, January 15, 2008)]
[Rules and Regulations]
[Pages 2433-2434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-561]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Part 414

[CMS-1385-CN3]
RIN 0938-AO65


Medicare Program; Revisions to Payment Policies Under the 
Physician Fee Schedule, and Other Part B Payment Policies for CY 2008; 
Delay of the Date of Applicability of the Revised Anti-Markup 
Provisions for Certain Services Furnished in Certain Locations (Sec.  
414.50); Correction

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

ACTION: Final rule; correction.

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SUMMARY: This document corrects typographical errors identified in the 
final rule that appeared in the January 3, 2008 Federal Register (73 FR 
404). The final rule delayed until January 1, 2009 the applicability of 
the anti-markup provisions in Sec.  414.50, as revised at 72 FR 66222, 
except with respect to the technical component of a purchased 
diagnostic test and with respect to any anatomic pathology diagnostic 
testing services furnished in space that is utilized by a physician 
group practice as a ``centralized building'' (as defined at Sec.  
411.351) for purposes of complying with the physician self-referral 
rules and does not qualify as a ``same building'' under Sec.  
411.355(b)(2)(i) of this chapter.

DATES: Effective Date: This correction notice is effective January 1, 
2008.

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

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. 07-6280 (73 FR 404), the final rule entitled ``Revisions 
to Payment Policies Under the Physician Fee Schedule, and Other Part B 
Payment Policies for CY 2008; Delay of the Date of Applicability of the 
Revised Anti-Markup Provisions for Certain Services Furnished in 
Certain Locations (Sec.  414.50),'' there were typographical errors in 
the preamble that are identified and corrected in this correction 
notice. The provisions of this correction notice are effective January 
1, 2008.

II. Summary of Errors

    On page 406, we are correcting a typographical error in section 
III., Waiver of Proposed Rulemaking, to clarify that the delay of the 
applicability

[[Page 2434]]

date for revised Sec.  414.50 excludes any anatomic pathology 
diagnostic testing services furnished in space that is utilized by a 
physician group practice as a ``centralized building'' (as defined at 
Sec.  411.351) for purposes of complying with the physician self-
referral rules and does not qualify as a ``same building'' under Sec.  
411.355(b)(2)(i). We are also correcting a typographical error in 
section IV., Collection of Information Requirements, by correcting the 
U.S.C. citation of the Paperwork Reduction Act of 1995.

III. Correction of Errors

    On page 406, in the 1st column;
    a. The 1\st\ partial paragraph, line 2, the phrase ``revised Sec.  
414.50 with respect to'' is corrected to read ``revised Sec.  414.50 
except with respect to.''
    b. The 1\st\ full paragraph, line 8, the phrase ``(44 U.S.C. 35)'' 
is corrected read ``(44 U.S.C. 3501)''

IV. Waiver of Proposed Rulemaking

    We ordinarily publish a notice of proposed rulemaking and invite 
public comment on the proposed rule. The notice and comment rulemaking 
procedure is not required, however, if the rule is interpretive or 
procedural in nature, and it may be waived if there is good cause that 
it is impracticable, unnecessary, or contrary to the public interest 
and we incorporate in the rule a statement of such a finding and the 
reasons supporting that finding. Likewise, we ordinarily provide for a 
delayed effective date of a final rule, but we are not required to do 
so if the rule is procedural or interpretive. Where a delayed effective 
date is required, this requirement may be waived for good cause. We set 
forth below our finding of good cause for the waiver of notice and 
comment rulemaking and the waiver of a delayed effective date.
    Our implementation of this action without opportunity for public 
comment and without a delayed effective date is based on the good cause 
exceptions in 5 U.S.C. 553(b)(3)(B) and (d), respectively. We find that 
seeking public comment on this action is impracticable and contrary to 
the public interest. We issued the delay in applicability notice as a 
result of our review of the informal comments on the final rule with 
comment period from various stakeholders. We are correcting 
typographical errors from that notice, and therefore, do not believe 
that further notice and comment is necessary at this time.

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

    Dated: January 10, 2008.
Ann C. Agnew,
Executive Secretary to the Department.
[FR Doc. E8-561 Filed 1-14-08; 8:45 am]
BILLING CODE 4120-01-P