[Federal Register Volume 76, Number 107 (Friday, June 3, 2011)]
[Rules and Regulations]
[Pages 32085-32086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13839]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Part 412

[CMS-1346-CN]
RIN 0938-AQ23


Medicare Program; Inpatient Psychiatric Facilities Prospective 
Payment System--Update for Rate Year Beginning July 1, 2011 (RY 2012); 
Correction

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

ACTION: Correction of final rule.

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SUMMARY: This document corrects two technical errors that appeared in 
the final rule published in the Federal Register on May 6, 2011 
entitled, ``Inpatient Psychiatric Facilities Prospective Payment 
System--Update for Rate Year Beginning July 1, 2011 (RY 2012).''

DATES: Effective Date: July 1, 2011.

FOR FURTHER INFORMATION CONTACT:  Dorothy Myrick or Jana Lindquist, 
(410) 786-4533.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. 2011-10562 of May 6, 2011 (76 FR 26432) (hereinafter 
referred to as the RY 2012 IPF PPS final rule), there were two 
technical errors that we describe in the ``Summary of Errors'' section 
and correct in the ``Correction of Errors'' section below.

II. Summary of Errors

    In the RY 2012 IPF PPS final rule, on page 26452, in Table 11, we 
made a typographical error when we listed the diagnosis code ``V451'' 
rather than ``V4512'' for the description of comorbidity for chronic 
renal failure. In addition, we inadvertently omitted from Table 11 the 
comorbidity code ``V4511'' for chronic renal failure. These changes are 
not substantive changes to the policies or payment methodologies in the 
final rule. They are changes to conform the final rule to reflect the 
correct policies, which were implemented on July 1, 2011.

III. Correction of Errors

    In FR Doc. 2011-10562 of May 6, 2011 (76 FR 26432), make the 
following corrections:
     On page 26452, in Table 11--RY 2012 Diagnosis Codes and 
Adjustment Factors for Comorbidity Categories, in the second column, 
with the heading ``Diagnoses codes,'' for the renal failure, chronic 
diagnoses codes, replace code ``V451'' with ``V4512'' and add code 
``V4511.''

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 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 in the rule.
    Section 553(d) of the APA ordinarily requires a 30-day delay in the 
effective date of rules after the date of their publication in the 
Federal Register. This 30-day delay in the 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 notice merely corrects an error and omission in Table 
11 of the RY 2012 IPF PPS final rule and does not make any substantive 
changes to the policies or payment methodologies. The correct policies 
were implemented on July 1, 2011. We are simply conforming the RY 2012 
IPF PPS final rule to those policies by making the corrections 
identified herein. We believe that undertaking further notice and 
comment procedures to incorporate these corrections into the FY 2012 
IPF PPS final rule and delaying the effective date of these changes is 
unnecessary. In addition, we believe it is important for the public to 
have the correct information as soon as possible, and believe it is 
contrary to the public interest to delay the dissemination of it. 
Therefore, we find there is good cause to waive notice and comment 
procedures and the 30-day delay in the effective date for this 
correction notice.

(Catalog of Federal Domestic Assistance Program No. 93.773, 
Medicare--Hospital Insurance; and Program No. 93.774,

[[Page 32086]]

Medicare--Supplementary Medical Insurance Program)

    Dated: May 27, 2011.
Dawn Smalls,
Executive Secretary to the Department.
[FR Doc. 2011-13839 Filed 6-2-11; 8:45 am]
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