[Federal Register Volume 79, Number 7 (Friday, January 10, 2014)]
[Rules and Regulations]
[Pages 1741-1742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-00273]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 412, 413, 414, 419, 424, 482, 485, and 489
[CMS-1599-CN4]
RIN 0938-AR53
Medicare Program; Hospital Inpatient Prospective Payment Systems
for Acute Care Hospitals and the Long-Term Care Hospital Prospective
Payment System and Fiscal Year 2014 Rates; Quality Reporting
Requirements for Specific Providers; Hospital Conditions of
Participation; Payment Policies Related to Patient Status; Corrections
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Final rule; correction.
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SUMMARY: This document corrects technical errors in the correcting
document that appeared in the January 2, 2014 Federal Register entitled
``Medicare Program; Hospital Inpatient Prospective Payment Systems for
Acute Care Hospitals and the Long-Term Care Hospital Prospective
Payment System and Fiscal Year 2014 Rates; Quality Reporting
Requirements for Specific Providers; Hospital Conditions of
Participation; Payment Policies Related to Patient Status;
Corrections.''
DATES: Effective Date: This correcting document is effective January 8,
2014.
Applicability Date: This correcting document is applicable on
January 1, 2014.
FOR FURTHER INFORMATION CONTACT: Tzvi Hefter, (410) 786-4487.
SUPPLEMENTARY INFORMATION:
I. Background
In the August 19, 2013 Federal Register (78 FR 50495), we published
a final rule entitled ``Medicare Program; Hospital Inpatient
Prospective Payment
[[Page 1742]]
Systems for Acute Care Hospitals and the Long Term Care Hospital
Prospective Payment System and Fiscal Year 2014 Rates; Quality
Reporting Requirements for Specific Providers; Hospital Conditions of
Participation; Payment Policies Related to Patient Status''
(hereinafter referred to as the FY 2014 IPPS/LTCH PPS final rule). To
correct typographical and technical errors in the FY 2014 IPPS/LTCH PPS
final rule, we published correcting documents that appeared in the
October 3, 2013 Federal Register (78 FR 61197) and the January 2, 2014
Federal Register (79 FR 61). We left out Code of Federal Regulations
(CFR) part numbers from the heading and left out the applicability date
from the DATES section of the January 2, 2014 correcting document.
Therefore, in this correcting document, we add the omitted CFR part
numbers and the applicability date.
II. Summary of Errors
On page 61 of the January 2, 2014 correcting document (79 FR 61),
we inadvertently omitted some CFR part numbers from the heading, and
inadvertently omitted the applicability date from the DATES section.
III. Waiver of Proposed Rulemaking and Delay of 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 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.
In our view, this correcting document does not constitute a
rulemaking that would be subject to the APA notice and comment or
delayed effective date requirements. This correcting document simply
adds the CFR part numbers and the applicability date that were
inadvertently omitted and does not make substantive changes to the
policies or payment methodologies that were adopted in the final rule.
In addition, even if this were a rulemaking to which the notice and
comment procedures and delayed effective date requirements applied, we
find that there is good cause to waive such requirements. Undertaking
further notice and comment procedures to incorporate the corrections in
this document into the January 2, 2014 correcting document (which
corrected the FY 2014 IPPS/LTCH final rule) or delaying the effective
date would be contrary to the public interest, because it is in the
public's interest for providers to receive appropriate payments in as
timely a manner as possible. Furthermore, such procedures would be
unnecessary, as we are not altering the policies that were already
subject to comment and finalized in our final rule, but rather, we are
simply adding the CFR part numbers and applicability date that were
inadvertently omitted. Therefore, we find good cause to waive the
notice and comment and effective date requirements.
IV. Correction of Errors
In FR Doc. 2013-31432 of January 2, 2014 (79 FR 61), make the
following corrections:
1. On page 61, in the heading, the CFR citation ``42 CFR Parts 412,
482, 485, and 489'' is corrected to read ``42 CFR Parts 412, 413, 414,
419, 424, 482, 485, and 489''.
2. On page 61, in the DATES section, the caption and sentence,
``DATES: Effective Date: This correcting document is effective on
January 2, 2014.'' are corrected to read as follows:
``DATES: Effective Date: This correcting document is effective January
2, 2014.
Applicability Date: This correcting document is applicable on
January 1, 2014.''
(Catalog of Federal Domestic Assistance Program No. 93.773,
Medicare--Hospital Insurance; and Program No. 93.774, Medicare--
Supplementary Medical Insurance Program)
Dated: January 7, 2014.
Jennifer Cannistra,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2014-00273 Filed 1-8-14; 4:15 pm]
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