[Federal Register Volume 80, Number 228 (Friday, November 27, 2015)]
[Rules and Regulations]
[Pages 73998-73999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30248]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Part 412

[CMS-1632-CN2]
RIN 0938-AS41


Medicare Program; Hospital Inpatient Prospective Payment Systems 
for Acute Care Hospitals and the Long-Term Care Hospital Prospective 
Payment System Policy Changes and Fiscal Year 2016 Rates; Revisions of 
Quality Reporting Requirements for Specific Providers, Including 
Changes Related to the Electronic Health Record Incentive Program; 
Extensions of the Medicare-Dependent, Small Rural Hospital Program and 
the Low-Volume Payment Adjustment for Hospitals; Correction

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

ACTION: Final rule and interim final rule with comment period; 
correction.

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SUMMARY: This document corrects technical and typographical errors in 
the correcting document that appeared in the October 5, 2015 Federal 
Register, entitled ``Medicare Program; Hospital Inpatient Prospective 
Payment Systems for Acute Care Hospitals and the Long Term Care 
Hospital Prospective Payment System Policy Changes and Fiscal Year 2016 
Rates; Revisions of Quality Reporting Requirements for Specific 
Providers, including Changes Related to the Electronic Health Record 
Incentive Program; Extensions of the Medicare-Dependent, Small Rural 
Hospital Program and the Low-Volume Payment Adjustment for Hospitals; 
Correction.''

DATES: Effective date: This correcting document is effective November 
25, 2015. Applicability date: This correcting document is applicable to 
discharges beginning October 1, 2015.

FOR FURTHER INFORMATION CONTACT: Donald Thompson, (410) 786-4487.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. 2015-19049 which appeared in the August 17, 2015 Federal 
Register (80 FR 49326), entitled ``Medicare Program; Hospital Inpatient 
Prospective Payment Systems for Acute Care Hospitals and the Long-Term 
Care Hospital Prospective Payment System Policy Changes and Fiscal Year 
2016 Rates; Revisions of Quality Reporting Requirements for Specific 
Providers, including Changes Related to the Electronic Health Record 
Incentive Program; Extensions of the Medicare-Dependent, Small Rural 
Hospital Program and the Low-Volume Payment Adjustment for Hospitals'' 
(hereinafter referred to as the FY 2016 IPPS/LTCH PPS final rule), 
there were a number of technical and typographical errors. Therefore, 
we published a correcting document that appeared in the October 5, 2015 
Federal Register (80 FR 60055) to correct those errors (hereinafter 
referred to as the FY 2016 IPPS/LTCH PPS correcting document). The 
provisions of the FY 2016 IPPS/LTCH PPS correcting document were 
effective as if they had been included in the FY 2016 IPPS/LTCH PPS 
final rule that appeared in the August 17, 2015 Federal Register. 
Accordingly, those corrections were effective October 1, 2015.

II. Summary of Errors and Corrections to Tables Posted on the CMS Web 
Site

    Since publication of the FY 2016 IPPS/LTCH PPS correcting document, 
we discovered technical and typographic errors to data that appeared in 
that document. Therefore, we are correcting the errors in the following 
IPPS tables that are listed on page 49808 of the FY 2016 IPPS/LTCH PPS 
final rule, that were discussed on pages 60056 and 60057 and corrected 
in the FY 2016 IPPS/LTCH PPS correcting document. These tables are 
available on the Internet on the CMS Web site at https://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/AcuteInpatientPPS/FY2016-IPPS-Final-Rule-Home-Page.html:
    Table 2--CASE MIX INDEX AND WAGE INDEX TABLE BY CCN--FY 2016 
CORRECTION NOTICE. In the FY 2016 IPPS/LTCH PPS correcting document, we 
inadvertently changed the reclassification status for two hospitals 
(CCNs 050152 and 050228). In Table 2 of the FY 2016 IPPS/LTCH PPS final 
rule, prior to the revisions based on the FY 2016 IPPS/LTCH PPS 
correcting document, the reclassification status for CCNs 050152 and 
050228 correctly reflected an MGCRB reclassification to Reclassified/
Redesignated CBSA 36084. For these two hospitals, the ``MGCRB Reclass'' 
column value will be corrected by adding a ``Y'' and the 
``Reclassified/Redesignated CBSA'' column value will be corrected by 
adding ``36084.''
    Also, in Table 2 that was posted on the Internet in conjunction 
with the FY 2016 IPPS/LTCH PPS correcting document, we inadvertently 
listed the ``County Name'' and ``County Code'' values for CCN 050B21 as 
``FAIRFIELD'' and ``07000'', and for CCN 070B22 as ``FRESNO'' and 
``05090''. The ``County Name'' and ``County Code'' values for CCN 
050B21 should be ``FRESNO'' and

[[Page 73999]]

``05090'', and for CCN 070B22 should be ``FAIRFIELD'' and ``07000.'' 
Therefore, the ``County Name'' and ``County Code'' for CCN 050B21 will 
be corrected to read ``FRESNO'' and ``05090'', respectively; and the 
``County Name'' and ``County Code'' for CCN 070B22 will be corrected to 
read ``FAIRFIELD'' and ``07000'', respectively.
    Table 3--WAGE INDEX TABLE BY CBSA--FY 2016 CORRECTION NOTICE. As 
described previously, the reclassifications for two hospitals (CCNs 
050152 and 050228) to CBSA 36084 were not properly listed and are being 
corrected in Table 2. Therefore, we are making corresponding changes to 
the ``Reclassified Wage Index'' and ``Reclassified GAF'' column values 
for CBSA 36084 in Table 3.

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.
    We believe that this correcting document does not constitute a rule 
that would be subject to the APA notice and comment or delayed 
effective date requirements. This correcting document corrects 
technical and typographic errors in the tables referenced in the FY 
2016 IPPS/LTCH PPS final rule as revised by the FY 2016 IPPS/LTCH PPS 
correcting document but does not make substantive changes to the 
policies or payment methodologies that were adopted in the final rule. 
As a result, this correcting document is intended to ensure that the 
tables referenced in the FY 2016 IPPS/LTCH PPS final rule accurately 
reflect the policies adopted in that final rule.
    In addition, even if this were a rule 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 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, and to ensure that the FY 2016 IPPS/LTCH PPS final 
rule accurately reflects our policies. Furthermore, such procedures 
would be unnecessary, as we are not altering our payment methodologies 
or policies, but rather, we are simply implementing correctly the 
policies that we previously proposed, received comment on, and 
subsequently finalized. This correcting document is intended solely to 
ensure that the FY 2016 IPPS/LTCH PPS final rule accurately reflects 
these payment methodologies and policies. Therefore, we believe we have 
good cause to waive the notice and comment and effective date 
requirements.

    Dated: November 18, 2015.
Madhura Valverde,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2015-30248 Filed 11-25-15; 8:45 am]
 BILLING CODE 4120-01-P