[Federal Register Volume 80, Number 170 (Wednesday, September 2, 2015)]
[Proposed Rules]
[Pages 53087-53088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21783]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Part 413

[CMS-1628-CN]
RIN 0938-AS48


Medicare Program; End-Stage Renal Disease Prospective Payment 
System; Correction

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

ACTION: Correction.

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SUMMARY: This document corrects a technical error that appeared in the 
proposed rule published in the Federal Register on July 1, 2015, 
entitled ``Medicare Program; End-Stage Renal Disease Prospective 
Payment System, and Quality Incentive Program.''

DATES: This correction is effective on September 2, 2015.

FOR FURTHER INFORMATION CONTACT: Michelle Cruse, (410) 786-7540.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. 2015-16074 of July 1, 2015 (80 FR 37808) there was a 
technical error that is discussed in the ``Summary of Errors,'' and 
further identified and corrected in the ``Correction of Errors'' 
section below. The provisions in this correction document are effective 
as if they had been included in the document published on July 1, 2015. 
Accordingly, the corrections are effective September 2, 2015.

II. Summary of Errors

    On page 37814 of the preamble, we discovered an error in the 
reference to the cost report column from which we derived the data for 
one of the dependent variables used in developing the two-equation 
regression methodology that we performed to analyze and propose 
revisions to the End-Stage Renal Disease (ESRD) Prospective Payment 
System (PPS) payment adjusters for Calendar Year (CY) 2016 ESRD PPS 
proposed rule. Specifically, we measured resource use of the 
maintenance dialysis services included in the current bundle of 
composite rate services using only ESRD facility data obtained from the 
Medicare cost reports for independent ESRD facilities and hospital-
based ESRD facilities. We indicated in the proposed rule that for 
independent ESRD facilities, the average composite rate cost per 
treatment for each ESRD facility was calculated by dividing the total 
reported allowable costs for composite rate services for cost reporting 
periods ending in CYs 2012 and 2013 (Worksheet B, column 13A, lines 8-
17 on CMS-265-11; Worksheet I-2, column 11, lines 2-11 on CMS-2552-10) 
by the total number of dialysis treatments (Worksheet C, column 1, 
lines 8-17 on CMS 265-11). In the CY 2016 ESRD PPS proposed rule, we 
incorrectly referred to column 13A when we intended to refer to column 
11A in Worksheet B. Therefore, we are publishing this correction notice 
to include the appropriate location for the average composite rate cost 
per treatment.

[[Page 53088]]

III. Waiver of 60-Day Comment Period

    We ordinarily permit a 60-day comment period on notices of proposed 
rulemaking in the Federal Register, as provided in section 1871(b)(1) 
of the Act. However, this period may be shortened, as provided under 
section 1871(b)(2)(C) of the Act, when the Secretary finds good cause 
that a 60-day comment period would be impracticable, unnecessary, or 
contrary to the public interest, and incorporates a statement of the 
finding and its reasons in the rule issued. Because the correction in 
this document does not make any changes to the substantive policies 
proposed in the CY 2016 ESRD PPS proposed rule, but merely corrects the 
reference to a column in the preamble of the proposed rule, this 
correcting document does not constitute agency rulemaking and 
therefore, the 60-day comment period does not apply.
    In addition, we believe it is important for the public to have the 
corrected information as soon as possible and find no reason to delay 
dissemination of it.
    For the reasons stated previously, we find it both unnecessary and 
contrary to the public interest to undertake further notice and comment 
procedures with respect to this correcting document.

IV. Correction of Errors

    In FR Doc. 2015-16074 of July 1, 2015 (80 FR 37808), make the 
following corrections:

0
1. On page 37814, second column, second full paragraph, in line 16, the 
reference to ``13A'' is corrected to read ``11A''.

    Dated: August 27, 2015.
Madhura Valverde,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2015-21783 Filed 9-1-15; 8:45 am]
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