[Federal Register Volume 77, Number 193 (Thursday, October 4, 2012)]
[Rules and Regulations]
[Pages 60629-60630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24329]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

45 CFR Part 162

[CMS-0040-CN]
RIN 0938-AQ13


Administrative Simplification: Adoption of a Standard for a 
Unique Health Plan Identifier; Addition to the National Provider 
Identifier Requirements; and a Change to the Compliance Date for the 
International Classification of Diseases, 10th Edition (ICD-10-CM and 
ICD-10-PCS) Medical Data Code Sets; Corrections

AGENCY: Office of the Secretary, HHS.

ACTION: Correction of final rule.

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SUMMARY: This document corrects technical errors in the final rule 
titled ``Administrative Simplification: Adoption of a Standard for a 
Unique Health Plan Identifier; Addition to the National Provider 
Identifier Requirements; and a Change to the Compliance Date for the 
International Classification of Diseases, 10th Edition (ICD-10-CM and 
ICD-10-PCS) Medical Data Code Sets'' that appeared in the September 5, 
2012 Federal Register.

DATES: Effective Date: November 5, 2012.

FOR FURTHER INFORMATION CONTACT: Kari Gaare (410) 786-8612.

SUPPLEMENTARY INFORMATION:

I. Background

    In FR Doc. 2012-21238 of September 5, 2012 (77 FR 54664), there 
were a number of technical errors that are identified and corrected in 
the Correction of Errors section. The provisions in this correction 
document are effective as if they had been included in the final rule 
published on September 5, 2012. Accordingly, the corrections are 
effective on November 5, 2012.

II. Summary of Errors

A. Summary of Errors in the Preamble

    In FR Doc. 2012-21238 of September 5, 2102, there were the 
following errors:
    On page 54674, in our discussion of the adoption of the 
International Organization for Standardization (ISO) Standard, we 
inadvertently mischaracterized a public comment. In the final rule, we 
used the phrase ``capacity but was concerned'' instead of ``capacity 
and was concerned.''
    On page 54708, in our discussion of HPID savings, we referenced 
Table 14, which provides the cost in 2014 of a 1-year delay in the 
compliance date of ICD-10, rather than Table 10, which provides annual 
costs savings for providers from an increase in the volume of three 
electronic transactions due to the use of HPID.
    On page 54714, in our discussion of the net cost avoidance 
associated with a 1-year delay of ICD-10, we inadvertently referenced 
Table 17, which provides a summary of the cost avoidance and costs in 
2014 of a 1-year delay in the compliance date of ICD-10 rather than 
Table 18, which provides the cost avoidance less cost (net) of a 1-year 
delay in the compliance date of ICD-10.

B. Summary of Errors in the Regulations Text

    On page 54719, in Sec.  162.504, we made the following errors:
     In paragraph (a), we inadvertently stated that the 
compliance date for covered entities to comply with the implementation 
specification in Sec.  162.510 is no later than November 5, 2014 
instead of November 7, 2016.
     In paragraph (b)(1), we inadvertently omitted language 
describing the type of health plan subject to the regulatory 
requirement.
     In paragraph (b)(2), we inadvertently stated that the 
compliance date for small health plans was no later than November 5, 
2014 instead of November 5, 2015.
    On page 54679, in the HPID effective date and compliance 
requirements section of the September 5, 2012 final rule, we describe 
and discuss our final policy for HPID compliance. While we 
inadvertently inserted incorrect dates in the regulation text, the HPID 
effective date and compliance requirements are clearly stated in the 
preamble, as well as Chart 1 (see 77 FR 54679). The final policy, which 
is clearly reflected in the preamble discussion, is that health plans 
that are not small health plans must obtain HPIDs by November 5, 2014. 
Small health plans must obtain HPIDs by November 5, 2015. All

[[Page 60630]]

covered entities must comply with the implementation requirements in 
Sec.  162.510 by November 7, 2016. We are correcting the regulation 
text so that it accurately reflects our final policy.

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 these notice and comment procedures 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.
    In our view, this correcting document does not constitute a rule 
that would be subject to the APA notice and comment procedures. This 
correcting document corrects technical and typographical errors in the 
preamble and regulations text of the September 5, 2012 final rule and 
does not make substantive changes to the policies that were adopted. As 
a result, this correcting document is intended to ensure that the final 
rule accurately reflects the policies adopted in that rule.
    In addition, even if this were a rule to which the notice and 
comment procedures applied, we find that there is good cause to waive 
such procedures. Undertaking further notice and comment procedures to 
incorporate the corrections in this document into the final rule would 
be unnecessary, as we are not altering the policies that were already 
subject to comment and finalized in our final rule, but simply 
conforming our regulation text to our final policies. Therefore, we 
believe we have good cause to waive the notice and comment procedures.

IV. Correction of Errors

    In FR Doc. 2012-21238 of September 5, 2012 (77 FR 54664), make the 
following corrections:

A. Correction of Errors in the Preamble

    1. On page 54674, third column, second full paragraph, lines 15 and 
16, the phrase ``capacity but was concerned'' is corrected to read 
``capacity and was concerned''.
    2. On page 54708, lower quarter of the page (after Table 9), third 
column, first partial paragraph, line 1, the reference ``Table 14'' is 
corrected to read ``Table 10''.
    3. On page 54714, third column, fourth full paragraph, line 1, the 
reference ``Table 17'' is corrected to read ``Table 18''.

B. Correction of Errors to the Regulations Text

    1. On page 54719, in the second column--
    a. Sixth full paragraph (Sec.  162.504(a)), line 4, the date 
``November 5, 2014'' is corrected to read ``November 7, 2016''.
    b. Eighth paragraph (Sec.  162.504(b)(1)), the sentence ``A health 
plan that November 5, 2014.'' is corrected to read ``A health plan that 
is not a small health plan-- November 5, 2014.''.
    c. Ninth paragraph (Sec.  162.504(b)(2)), last line, the date 
``November 5, 2014'' is corrected to read ``November 5, 2015''.

    Dated: September 27, 2012.
Oliver Potts,
Deputy Executive Secretary to the Department, Department of Health and 
Human Services.
[FR Doc. 2012-24329 Filed 10-3-12; 8:45 am]
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