[Federal Register Volume 74, Number 228 (Monday, November 30, 2009)]
[Notices]
[Pages 62579-62580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28541]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[CMS-6023-CN]


Medicare Program; Solicitation of Independent Accrediting 
Organizations To Participate in the Advanced Diagnostic Imaging 
Supplier Accreditation Program; Correction

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

ACTION: Correction notice.

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SUMMARY: This document corrects a technical error in the notice 
entitled ``Medicare Program; Solicitation of Independent Accrediting 
Organizations to Participate in the Advanced Diagnostic Imaging 
Supplier Accreditation Program'' which was posted for public inspection 
by the Office of the Federal Register on October 30, 2009, and 
published in the Federal Register on November 25, 2009.

FOR FURTHER INFORMATION CONTACT: Sandra Bastinelli, (410) 786-3630.

SUPPLEMENTARY INFORMATION:

I. Background

    In FR Doc. E9-26209, which was posted for public inspection by the 
Office of the Federal Register (OFR) on October 30, 2009, and published 
in the Federal Register on November 25, 2009, we made a technical error 
that is corrected in the Correction of Errors section below. The 
provisions in this correction notice are effective as if they had been 
included in the November 25, 2009 notice.

[[Page 62580]]

II. Summary of Errors

    In section II.B. of the November 25, 2009 notice, we list the 
criteria that an accreditation organization must furnish to CMS to be 
considered for approval as a designated accreditation organization for 
Medicare under 42 CFR 414.68 (as issued in the ``Medicare Program; 
Payment Policies Under the Physician Fee Schedule and Other Revisions 
to Part B for CY 2010'' final rule with comment period, FR Doc. E9-
26502, posted for public inspection by OFR on October 30, 2009). Due to 
a technical error, the list of criteria does not accurately reflect the 
requirements set out at new Sec.  414.68.

III. Correction of Errors

    In FR Doc. E9-26502 published on November 25, 2009 (74 FR 62189), 
correct section II.B. to read as follows:

    ``B. Application Requirements
    To be considered for approval as a designated accreditation 
organization for Medicare requirements, an accreditation 
organization must furnish CMS the information and meet the criteria 
set out at 42 CFR 414.68, as issued in the ``Medicare Program; 
Payment Policies Under the Physician Fee Schedule and Other 
Revisions to Part B for CY 2010'' final rule with comment period, FR 
Doc. E9-26502, posted for public inspection by OFR on October 30, 
2009.''

III. 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.
    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.
    We note that section 1834(e) of the Act requires us to designate 
organizations to accredit suppliers furnishing the technical component 
(TC) of advanced diagnostic imaging services by January 1, 2010. Given 
the statutory deadline to designate organizations and the timing of the 
publication of this final rule with comment period, we believe it is 
impracticable to provide a notice and comment period or to delay the 
effective date of these criteria for designating organizations to 
accredit suppliers furnishing the TC of advanced diagnostic imaging 
services. In addition, it is unnecessary to provide a period for notice 
and comment or delay the effective date of this correction, because 
this correction notice does not change our policies regarding the 
application process, but merely clarifies that the application process 
is subject to a regulation that has already been the subject of notice 
and comment rulemaking. Therefore, we believe that we have good cause 
for waiving a notice and comment period, and making the imaging 
accreditation application process correction effective upon 
publication.

    Authority: Section 1834(e) of the Act.

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


    Dated: November 23, 2009.
Dawn L. Smalls,
Executive Secretary to the Department.
[FR Doc. E9-28541 Filed 11-25-09; 11:15 am]
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