[Federal Register Volume 74, Number 164 (Wednesday, August 26, 2009)]
[Proposed Rules]
[Pages 43087-43088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20583]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 410, 411, 414, 415, 485, and 489

[CMS-9061-N]


Electronic Public Comment Transmission Error for Two Medicare 
Program Rules

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

ACTION: Request for resubmission of comments.

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SUMMARY: This document requests that the public resubmit their comments 
on the CY 2010 Physician Fee Schedule or CY 2010 Hospital Outpatient 
Prospective Payment System/Ambulatory Surgical Center Payment System 
proposed rule before the close of the comment period for these rules 
(that is, August 31, 2009) if their comments were originally submitted 
via www.regulations.gov during the period from July 26, 2009 through 
July 30, 2009.

DATES: To be assured consideration, comments on the CY 2010 Physician 
Fee Schedule proposed rule published July 13, 2009 (74 FR 33520) and 
the CY 2010 Hospital Outpatient Prospective Payment System/Ambulatory 
Surgical Center Payment System proposed rule published July 20, 2009 
(74 FR 35232), must be received at one of the addresses provided below, 
no later than 5 p.m. on August 31, 2009.

ADDRESSES: In commenting, please refer to file code--
     CMS-1413-P (for the CY 2010 Physician Fee Schedule 
proposed rule); or
     CMS-1414-P (for the CY 2010 Hospital Outpatient 
Prospective Payment System/Ambulatory Surgical Center Payment System 
proposed rule).
    Because of staff and resource limitations, we cannot accept 
comments by facsimile (FAX) transmission.
    You may submit comments in one of four ways (please choose only one 
of the ways listed):
    1. Electronically. You may submit electronic comments on either of 
these proposed rules via http://www.regulations.gov. Enter one of the 
following docket identification numbers in the keyword search field:
    a. CMS-2009-0058, for the CY 2010 Physician Fee Schedule proposed 
rule.
    b. CMS-2009-0060, for the CY 2010 Hospital Outpatient Prospective

[[Page 43088]]

Payment System Ambulatory Surgical Center Payment System proposed rule.
    2. By regular mail. You may mail written comments to the following 
address only: Centers for Medicare & Medicaid Services, Department of 
Health and Human Services, Attention: CMS-1413-P or CMS-1414-P, P.O. 
Box 8013, Baltimore, MD 21244-8013.
    Please allow sufficient time for mailed comments to be received 
before the close of the comment period.
    3. By express or overnight mail. You may send written comments to 
the following address only: Centers for Medicare & Medicaid Services, 
Department of Health and Human Services, Attention: CMS-1413-P or CMS-
1414-P, Mail Stop C4-26-05, 7500 Security Boulevard, Baltimore, MD 
21244-1850.
    4. By hand or courier. If you prefer, you may deliver (by hand or 
courier) your written comments before the close of the comment period 
to either of the following addresses:
    a. For delivery in Washington, DC-- Centers for Medicare & Medicaid 
Services, Department of Health and Human Services, Room 445-G, Hubert 
H. Humphrey Building, 200 Independence Avenue, SW., Washington, DC 
20201.
    (Because access to the interior of the Hubert H. Humphrey Building 
is not readily available to persons without Federal government 
identification, commenters are encouraged to leave their comments in 
the CMS drop slots located in the main lobby of the building. A stamp-
in clock is available for persons wishing to retain a proof of filing 
by stamping in and retaining an extra copy of the comments being 
filed.)
    b. For delivery in Baltimore, MD--Centers for Medicare & Medicaid 
Services, Department of Health and Human Services, 7500 Security 
Boulevard, Baltimore, MD 21244-1850.
    If you intend to deliver your comments to the Baltimore address, 
please call telephone number (410) 786-9994 in advance to schedule your 
arrival with one of our staff members.
    Comments mailed to the addresses indicated as appropriate for hand 
or courier delivery may be delayed and received after the comment 
period.

FOR FURTHER INFORMATION CONTACT: Shawn Braxton, (410) 786-7292.

SUPPLEMENTARY INFORMATION: In January 2003, the interagency eRulemaking 
Program launched www.regulations.gov to provide citizens with an online 
portal to learn about proposed regulations and to have their comments 
shape the rulemaking process. For the first time ever, American 
citizens could access and comment on all proposed Federal regulations 
from a single Web site.
    A minor software problem resulted in the nontransmittal of some 
public comments from July 26, 2009 through July 30, 2009. The software 
error affected only a few Federal agencies, one of which was the 
Centers for Medicare & Medicaid Services. We were informed that this 
error affected the receipt of public comments on the following proposed 
rules (1) Medicare Program; Payment Policies Under the Physician Fee 
Schedule and Other Revisions to Part B for CY 2010 (regulations.gov 
docket identification (ID) number (CMS-2009-0058)); and (2) Medicare 
Program: Proposed Changes to the Hospital Outpatient Prospective 
Payment System and CY 2010 Payment Rates; Proposed Changes to the 
Ambulatory Surgical Center Payment System and CY 2010 Payment Rates 
(regulations.gov docket ID number (CMS-2009-0060)). (These proposed 
rules were published in the July 13, 2009 (74 FR 33520) and the July 
20, 2009 (74 FR 35232) Federal Register, respectively.) Therefore, we 
are requesting that persons who transmitted comments on either of the 
aforementioned proposed rules during the period from July 26, 2009 
through July 30, 2009 resubmit their comments before the close of the 
comment period for the proposed rules which is August 31, 2009. Persons 
wishing to resubmit comments may do so electronically, via mail, hand 
delivery, or courier as specified in the ADDRESSES section of this 
notice.
    We note that the software problem has been corrected and safeguards 
are now in place to ensure this error will not occur for future 
rulemaking documents.

    Dated: August 20, 2009.
Charlene Frizzera,
Acting Administrator, Centers for Medicare & Medicaid Services.
[FR Doc. E9-20583 Filed 8-21-09; 4:15 pm]
BILLING CODE 4120-01-P