[Federal Register Volume 74, Number 236 (Thursday, December 10, 2009)]
[Rules and Regulations]
[Pages 65449-65458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29256]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 410, 411, 414, 415, 485, and 498

[CMS-1413-CN3]
RIN 0938-AP40


Medicare Program; Payment Policies Under the Physician Fee 
Schedule and Other Revisions to Part B for CY 2010; Corrections

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

ACTION: Final rule; correction.

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SUMMARY: This document corrects several technical and typographical 
errors in the final rule with comment period that appeared in the 
November 25, 2009, Federal Register entitled ``Medicare Program; 
Payment Policies Under the Physician Fee Schedule and Other Revisions 
to Part B for CY 2010''.

DATES: Effective Date: This correction is effective January 1, 2010.

FOR FURTHER INFORMATION CONTACT: Diane Milstead, (410) 786-3355.

SUPPLEMENTARY INFORMATION:

I. Background

    In FR Doc. E9-26502 of November 25, 2009 (74 FR 61738) (hereinafter 
referred to as the CY 2010 PFS final rule with comment period), there 
were a number of technical and typographical errors that are identified 
and corrected in the Correction of Errors section of this notice. The 
provisions of this notice are effective as if they had been included in 
the CY 2010 PFS final rule with comment period. Accordingly, the 
corrections are effective January 1, 2010.

II. Summary of Errors

A. Errors in the Preamble

    On page 61738, we are correcting the figure for the CY 2010 
conversion factor (CF). This change results from a

[[Page 65450]]

technical error in adjusting relative value units (RVUs) to reflect the 
agency's policy related to the consultation codes.
    On page 61746, we are correcting the note referencing the CF used 
in Table 1.
    On pages 61747 and 61748, we are replacing Table 1, Calculation of 
practice expense (PE) relative value units (RVUs) under Methodology for 
Selected Codes.
    On page 61941, we are correcting language concerning the Five-year 
Review of work and the potential for adjustment of PE RVUS.
    On page 61952, in Table 30, we are correcting the CMS 2010 Interim 
work RVU (WRVU) for CPT code 51729-26.
    On page 61955, we are correcting the reference to the status 
indicator assigned to CPT code 90470.
    On page 61968, we are correcting the figures for the CY 2010 
physician fee schedule (PFS) CF and national anesthesia CF for the 
reasons indicated above.
    On page 61969, we are correcting the discussion concerning the CY 
2010 CF for the reasons indicated above.
    On page 61969, in Table 44, we are correcting the lines concerning 
the CY 2010 CF budget neutrality adjustment and CY 2010 CF for the 
reasons indicated above.
    On page 61969, we are correcting the language preceding Table 45 
for the reasons indicated above.
    On page 61970, in Table 45, we are correcting the lines concerning 
the CY 2010 anesthesia adjustment and the CY 2010 anesthesia CF 
contained in the table for the reasons indicated above.
    On pages 61985 and 61986, we are replacing Table 50 in its entirety 
to correct the payment amounts for CY 2010.
    On page 62001, in the discussion concerning removing self-
administered drugs from the SGR calculation we are deleting the word 
``proposal'' which was inadvertently included in the sentence and 
substituting the word ``change''. We are also correcting the CY 2010 
payment amounts associated with CPT code 99203.

B. Errors in the Addenda

    On pages 62044 through 62143 of Addendum B, Relative Value Units 
and Related Information Used in Determining Medicare Payments for 2009, 
the RVUs and status indicators listed for CPT codes 90470, and 95803, 
95803-TC 95803-26 are corrected. In addition the RVUs for CPT codes 
51729, 51729-26, 74261, 74261-TC, 74262, 74262-TC, 75571, 75571-TC, 
75572, 75572-TC, 75573, 75573-TC, 77078, 77078-TC, 77084, 77084-TC, 
94011, 94012, 94013, 99221, 99222, 99223, 99304, 99305 and 99306, 
G0425, G0426, G0427, G0252-26 and the global period for CPT codes 
75565, 75565-TC, 75565-26 are corrected.
    On pages 62145 and 62146, of Addendum C, Codes with Interim RVUs, 
the global period listed for CPT code 75565 and the RVUs for CPT codes 
51729-26, 94011, 94012 and 94013 are corrected.

III. Correction of Errors

    In FR Doc. E9-26502 of November 25, 2009 (74 FR 61738), make the 
following corrections:

A. Corrections to the Preamble

    1. On page 61738, in the 1st column; in the 2nd paragraph, line 13, 
the figure ``$28.4061'' is corrected to read ``$28.3895.''
    2. On page 61746, in the 3rd column; in the last paragraph, line 3, 
the figure ``$28.3769'' is corrected to read ``$36.0666.''
    3. On pages 61747 and 61748, Table 1 is replaced in its entirety to 
reflect the corrected CF.
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    4. On page 61941, in the 2nd column; in the 3rd paragraph, lines 12 
through 14, the phrase ``the PE inputs, and we could be impacted and we 
would them accordingly'' is corrected to read ``the PE inputs could be 
impacted and we would therefore adjust them accordingly.''
    5. On page 61952, in Table 30, line 15, is corrected to read as 
follows:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
.                                               VP&UP.
----------------------------------------------------------------------------------------------------------------

    6. On page 61955, in the 1st column; in the 2nd full paragraph, the 
last sentence, ``We have assigned a status indicator of ``N'' (Non-
covered) to this service and will publish the AMA RUC-recommended value 
in accordance with our practice for non-covered CPT codes'' is 
corrected to read ``We have assigned a status indicator of ``I'' (Not 
valid for Medicare purposes. Medicare uses another code for the 
reporting of and the payment for these services). We will publish the 
AMA RUC-recommended value in accordance with the practice for non-
covered CPT codes.''
    7. On page 61968, in the 2nd column; in the 1st full paragraph 
under Table 43,
    a. Line 1, the figure ``$28.4061'' is corrected to read 
``$28.3895''.
    b. Line 3, the figure ``$16.6191'' is corrected to read 
``$16.6108''.
    8. On page 61969,
    a. In the 3rd column, in the 1st partial paragraph, line 3, the 
figure ``1.00103'' is corrected to read ``1.000445''.
    b. In Table 44 the last two lines are corrected to read as follows:

               Table 44--Calculation of the CY 2010 PFS CF
------------------------------------------------------------------------
 
------------------------------------------------------------------------
CY 2010 CF Budget Neutrality        0.0445 percent
 Adjustment.                         (1.000445).
CY 2010 Conversion Factor.........  ....................        $28.3895
------------------------------------------------------------------------

    c. In the 3rd column, the paragraph following Table 44, the last 2 
lines, the phrase ``policies for PE and malpractice RVUs'' is corrected 
to read ``policies for work, PE, and malpractice RVUs''.
    9. On page 61970, Table 45, the last two lines of are corrected to 
read as follows:

    Table 45--Calculation of the CY 2010 Anesthesia Conversion Factor
------------------------------------------------------------------------
 
------------------------------------------------------------------------
CY 2010 Anesthesia Adjustment.....  0.94 percent
                                     (1.0094).
CY 2010 Anesthesia Conversion       ....................        $16.6108
 Factor.
------------------------------------------------------------------------

    10. On pages 61985 and 61986, Table 50 is corrected in its entirety 
including the title to read as follows:
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    11. On page 62001,
    a. In the 1st column, in the 1st full paragraph, line 19, the 
phrase ``proposal will cost'' is corrected to read ``change will 
cost''.
    b. In the 3rd column, the 1st full paragraph, the sentence ``Based 
on this rule, the 2010 national payment amount in the non-facility 
setting for CPT code 99203, as shown in Table 49, is $76.98 which means 
that, in 2010, the beneficiary coinsurance for this service would be 
$15.40.'' is corrected to read ``Based on this rule, the 2010 national 
payment amount in the non-facility setting for CPT code 99203, as shown 
in Table 50 is $76.94 which means that, in 2010, the beneficiary 
coinsurance for this service would be $15.38.''

B. Corrections to the Addenda

    1. On pages 62044 through 62143, in Addendum B: Relative Value 
Units and Related Information Used in Determining Medicare Payments for 
2010, the following CPT codes are corrected to read as follows:

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    2. On pages 62145 and 62146, in Addendum C: Codes with Interim 
RVUs, the following CPT codes are corrected to read as follows:
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IV. 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 the 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 for it in the rule.
    Section 553(d) of the APA ordinarily requires a 30-day delay in the 
effective date of final rules after the date of their publication. 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.
    This document merely corrects typographical and technical errors 
made in FR Doc. E9-26502, the CY 2010 PFS final rule with comment 
period, which appeared in the November 25, 2009 Federal Register (74 FR 
61738), and is (with limited exceptions not relevant to these 
corrections, but noted in the rule), effective January 1, 2010. The 
provisions of the final rule with comment period have been subjected 
previously to notice and comment procedures. The corrections contained 
in this document are consistent with, and do not make substantive 
changes to, the payment methodologies and policies adopted in the CY 
2010 PFS final rule with comment period. As such, these corrections are 
being made to ensure the CY 2010 PFS final rule with comment period 
accurately reflects the policies adopted in that rule. We find, 
therefore, for good cause that it is unnecessary and would be contrary 
to the public interest to undertake further notice and comment 
procedures to incorporate

[[Page 65458]]

these corrections into the CY 2010 PFS final rule with comment period.
    For the same reasons, we are also waiving the 30-day delay in 
effective date for these corrections. We believe that it is in the 
public interest to ensure that the CY 2010 PFS final rule with comment 
period accurately states our policies as of the date they take effect. 
Therefore, we find that delaying the effective date of these 
corrections beyond the effective date of the final rule with comment 
period would be contrary to the public interest. In so doing, we find 
good cause to waive the 30-day delay in the effective date.

    Authority: Catalog of Federal Domestic Assistance Program No. 
93.774, Medicare--Supplementary Medical Insurance Program.

    Dated: December 3, 2009.
Dawn L. Smalls,
Executive Secretary to the Department.
[FR Doc. E9-29256 Filed 12-7-09; 4:15 pm]
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