[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Rules and Regulations]
[Pages 10395-10396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04024]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Part 482

[CMS-3244-F2]
RIN-0938-AQ89


Medicare and Medicaid Program; Correcting Amendment

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

ACTION: Final rule; correcting amendment.

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SUMMARY: This document corrects a technical error that appeared in the 
final rule published in the Federal Register (77 FR 29034) on May 16, 
2012, entitled ``Reform of Hospital and Critical Access Hospital 
Conditions of Participation.''

DATES: This correcting amendment is effective February 25, 2014.

FOR FURTHER INFORMATION CONTACT: Ronisha Davis, (410) 786-6882.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. 2012-11548 (77FR 29034) of May 16, 2012, the final rule 
entitled ``Reform of Hospital and Critical Access Hospital Conditions 
of Participation,'' there were technical errors that are identified and 
corrected in the regulations text of this correcting amendment.

II. Summary of Errors in the Regulations Text

    On page 29075 of the May 16, 2012 Federal Register final rule, in 
the amendatory instructions for 42 CFR 482.42, we revised the 
introductory text of paragraph (a) to include the provisions of 
paragraph (a)(1). However, we inadvertently neglected to omit paragraph 
(a)(1) from the regulations text. In addition, we proposed to remove 
the burdensome requirement for an infection log at paragraph (a)(2), 
but inadvertently omitted the removal of paragraph (a)(2) from the 
regulations text.

III. 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 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. The provision finalized in the final rule noted above has 
previously been subjected to notice and comment procedures. These 
corrections do not make substantive changes to the requirement that was 
finalized in the final rule. In addition, we believe it is important 
for the public to have the correct information as soon as possible and 
find no reason to delay the dissemination of it.
    For the reasons stated above, we find that both notice and comment 
and the 30-day delay in effective date for the correction notice are 
unnecessary. Therefore, we find there is good cause to waive notice and 
comment procedures and the 30-day delay in effective date for this 
correction notice.

List of Subjects in 42 CFR Part 482

    Grant programs, Health, Hospitals, Medicaid, Medicare, Reporting 
and recordkeeping requirements.

    Accordingly, 42 CFR chapter IV is corrected by making the following 
correcting amendments to part 482:

PART 482--CONDITIONS OF PARTICIPATION FOR HOSPITALS

0
1. The authority citation for part 482 continues to read as follows:

    Authority:  Secs. 1102, 1871 and 1881 of the Social Security Act 
(42 U.S.C. 1302, 1395hh, and 1395rr), unless otherwise noted.

[[Page 10396]]

Subpart C--Basic Hospital Functions


Sec.  482.42  [Corrected]

0
2. In Sec.  482.42, remove paragraphs (a)(1) and (a)(2).

(Catalog of Federal Domestic Assistance Program No. 93.778, Medical 
Assistance Program No. 93.773, Medicare--Hospital Insurance; and 
Program No. 93.774, Medicare--Supplementary Medical Insurance 
Program)

    Dated: February 18, 2014.
Jennifer Cannistra,
Executive Secretary to the Department.
[FR Doc. 2014-04024 Filed 2-24-14; 8:45 am]
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