[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)]
[Rules and Regulations]
[Pages 11449-11451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04786]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Part 510

[CMS-5516-F2]
RIN-0938-AS64


Medicare Program; Comprehensive Care for Joint Replacement 
Payment Model for Acute Care Hospitals Furnishing Lower Extremity Joint 
Replacement Services; Corrections and Correcting Amendments

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

ACTION: Final rule; correction and correcting amendments.

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SUMMARY: In the November 24, 2015 Federal Register (80 FR 73274), we 
published a final rule to implement a new Medicare Part A and B payment 
model under section 1115A of the Social Security Act, called the 
Comprehensive Care for Joint Replacement (CJR) model, in which acute 
care hospitals in certain selected geographic areas will receive 
retrospective bundled payments for episodes of care for lower extremity 
joint replacement (LEJR) or reattachment of a lower extremity. The 
effective date was January 15, 2016. This correcting amendment corrects 
a limited number of technical and typographical errors identified in 
the November 24, 2015 final rule.

DATES: This correcting amendment is effective March 4, 2016.

FOR FURTHER INFORMATION CONTACT: Claire Schreiber, [email protected], 
(410) 786-8939.

SUPPLEMENTARY INFORMATION:

I. Background

    In FR Doc. 2015-29438 of November 24, 2015 (80 FR 73274), the final 
rule

[[Page 11450]]

entitled ``Comprehensive Care for Joint Replacement Payment Model for 
Acute Care Hospitals Furnishing Lower Extremity Joint Replacement 
Services'' there were a number of technical and typographical errors 
that are identified and corrected in this correcting amendment. The 
provisions in this correcting amendment are effective as if they had 
been included in the final rule appearing in the November 24, 2015 
Federal Register.

II. Summary of Errors

A. Summary of Errors in the Preamble

    On pages 73274 and 73282, we made an error in identifying the 
acronym ``MS-DRG''.
    On pages 73289, 73335, 73412, 73526, and 73528, we made inadvertent 
typographical errors which included the omission and addition of words, 
symbols, and lines of text.
    On pages 73324, 73381, and 73535, we made typographical errors in 
the Medicare Severity Diagnosis Related Group (MS-DRG) and National 
Quality Forum (NQF) numbers.
    On page 73324, we made typographical and grammatical errors when 
specifying several regulatory citations.
    On pages 73338, 73355, 73357, and 73358, in our discussion of the 
``Episode Price Setting Methodology'', we implied that the calculation 
of prospective target prices will incorporate the effective discount 
percentage determined by quality performance under the model. We 
clarify that target prices will be determined prospectively using a 3 
percent discount percentage, and hospitals may experience a different 
effective discount percentage at reconciliation due to quality.
    On page 73362, in our discussion of the ``Methodology To Determine 
Performance on the Quality Measures'', we made an error in the data 
submission requirements for the percentage of the eligible elective 
primary THA/TKA patients needed.

B. Summary of Errors in the Regulations Text

    On page 73543, in the regulations text for Sec.  510.300, we 
erroneously included a paragraph regarding adjustments for quality 
performance (paragraph (a)(4)). We note that as specified in the final 
rule, target prices will be determined prospectively using a 3 percent 
discount percentage, and hospitals may experience a different effective 
discount percentage at reconciliation due to quality. To correct this 
error, we have removed paragraph (a)(4) and renumbered the subsequent 
paragraph (that is, the current paragraph (a)(5)) .
    On page 73544, in the regulation text at Sec.  510.300(c)(2) 
(Determination of episode target prices) we inadvertently omitted the 
discount factor for repayment amounts in program years (PYs) 4 and 5. 
To correct this error, we have added a paragraph (c)(2)(iii).
    On page 73549, in the regulation text at Sec.  510.305, we made a 
cross-referencing error.
    The corrections to the errors summarized in this section appear in 
the regulations text of this correcting amendment.

III. Waiver of Proposed Rulemaking, 60-Day Comment Period, and Delay in 
Effective Date

    Under 5 U.S.C. 553(b) of the Administrative Procedure Act (APA), 
the agency is required to publish a notice of the proposed rule in the 
Federal Register before the provisions of a rule take effect. 
Similarly, section 1871(b)(1) of the Act requires the Secretary to 
provide for notice of the proposed rule in the Federal Register and 
provide a period of not less than 60 days for public comment. In 
addition, section 553(d) of the APA, and section 1871(e)(1)(B)(i) of 
the Act mandate a 30-day delay in effective date after issuance or 
publication of a rule. Sections 553(b)(B) and 553(d)(3) of the APA 
provide for exceptions from the notice and comment and delay in 
effective date APA requirements; in cases in which these exceptions 
apply, sections 1871(b)(2)(C) and 1871(e)(1)(B)(ii) of the Act provide 
exceptions from the notice and 60-day comment period and delay in 
effective date requirements of the Act as well. Section 553(b)(B) of 
the APA and section 1871(b)(2)(C) of the Act authorize an agency to 
dispense with normal rulemaking requirements for good cause if the 
agency makes a finding that the notice and comment process are 
impracticable, unnecessary, or contrary to the public interest. In 
addition, both section 553(d)(3) of the APA and section 
1871(e)(1)(B)(ii) of the Act allow the agency to avoid the 30-day delay 
in effective date where such delay is contrary to the public interest 
and the agency includes a statement of support.
    We believe that this document does not constitute a rulemaking that 
would be subject to these requirements. This document corrects 
technical and typographic errors in the preamble and regulation text 
included in the Medicare Program; Comprehensive Care for Joint 
Replacement Payment Model for Acute Care Hospitals Furnishing Lower 
Extremity Joint Replacement Services (80 FR 73274). The corrections 
contained in this document are consistent with, and do not make 
substantive changes to, the policies that were adopted subject to 
notice and comment procedures in the final rule. As a result, the 
corrections made through this document are intended to ensure that the 
Medicare Program; Comprehensive Care for Joint Replacement Payment 
Model for Acute Care Hospitals Furnishing Lower Extremity Joint 
Replacement Services final rule accurately reflects the policies 
adopted in that 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 final rule or 
delaying the effective date would be contrary to the public interest 
because it is in the public's interest for the CJR model final rule to 
accurately reflect our policies as of the date they take effect and are 
applicable. Furthermore, such procedures would be unnecessary, as we 
are not altering our policies; 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 Medicare Program; Comprehensive Care for 
Joint Replacement Payment Model for Acute Care Hospitals Furnishing 
Lower Extremity Joint Replacement Services final rule accurately 
reflects these policies. Therefore, we believe we have good cause to 
waive the notice and comment and effective date requirements.

IV. Correction of Errors in the Preamble

    In FR Doc. 2015-29438 of November 24, 2015 (80 FR 73274), make the 
following corrections:
    1. On page 73274, third column, line 18, the phrase ``MS-DRG 
Medical Severity Diagnosis-'' is corrected to read ``MS-DRG Medicare 
Severity Diagnosis-''.
    2. On page 73282, third column, last paragraph, lines 6 and 7, the 
phrase ``Medical Severity Diagnosis-Related Group (MS-DRG)'' is 
corrected to read ``Medicare Severity Diagnosis-Related Group (MS-
DRG)''.
    3. On page 73289, third column, sixth full paragraph, line 2, the 
phrase ``that that'' is corrected to read ``that''.
    4. On page 73324--
    a. Second column, first full paragraph, lines 26 and 27, the phrase 
``MS-DRG 569'' is corrected to read ``MS-DRG 469''.
    b. Third column--

[[Page 11451]]

    (1) First partial paragraph, line 2, the phrase ``Sec.  
510.210(a)'' is corrected to read ``Sec.  510.210(a).''.
    (2) First full paragraph, line 3, the phrase ``Sec.  510.2 and'' is 
corrected to read ``Sec.  510.210.''
    (3) After the first full paragraph, the reference ``Sec.  
510.210(a).'' is corrected by removing the reference.
    5. On page 73335, first column, first paragraph, lines 4 and 5, the 
phrase ``this final,'' is corrected to read ``this final rule,''.
    6. On page 73338--
    a. First column, last partial paragraph, lines 23 and 24, the 
phrase ``will have 8 potential target prices'' is corrected to read 
``will have potential target prices at reconciliation''.
    b. Second column, first partial paragraph,
    (1) Lines 3 through 5, the phrase ``and between January 1 and 
September 30 vs. between October 1 and December 31 for performance 
years 2 through 5)'' is corrected to read ``and between January 1 and 
September 30 vs. between October 1 and December 31 for performance 
years 2 through 5), as well as different potential effective discount 
factors at reconciliation, which reflects quality performance, as 
discussed in section III.C.5.''.
    (2) Lines 6 through 16, the phrase ``Each participant hospital in 
performance years 2 and 3 will have 16 target prices for the same 
combinations in performance years 1, 4, and 5, but with one group of 8 
potential target prices for purposes of calculating reconciliation 
payments and another group of 8 potential target prices for purposes of 
determining hospital's responsibility for excess episode spending.'' is 
corrected to read ``Each participant hospital in performance years 2 
and 3 will have target prices for the same combinations as in 
performance years 1, 4, and 5, but with the potential for additional 
effective discount factors at reconciliation that reflect the reduced 
discount percentage for purposes of determining a hospital's 
responsibility for excess episode spending.''
    7. On page 73355--
    a. First column, third full paragraph, lines 6 and 7, the phrase 
``used to calculate its target prices.'' is corrected to read 
``experienced at reconciliation''.
    b. Third column, first full paragraph, lines 32 and 33, the phrase 
``discount factor for participant hospitals with'' is corrected to read 
``effective discount factor at reconciliation for participant hospitals 
with''.
    8. On page 73357, third column, last bulleted paragraph, lines 4 
through 7 and page 73358, first column, first partial paragraph, lines 
1 through 4, the phrase '' the appropriate effective discount factor 
that incorporates any quality incentive payment, as briefly described 
in section III.C.4.b.(9) of this final rule and more specifically 
detailed in the response to comments in section III.C.5. of this final 
rule and Tables 19, 20, and 21.'' is corrected to read ``a 3-percent 
discount factor, as described in section III.C.4.b.(9). of this final 
rule.''.
    9. On page 73381, second column, first full paragraph, line 38, the 
reference ``(NQF #0116)'' is corrected to read ``(NQF #0166)''.
    10. On page 73412, third column, first full paragraph, line 29, the 
phrase ``only be only'' is corrected to read ``only be''.
    11. On page 73526, third column, first full paragraph, lines 27 and 
28, the phrase ``as well as- on other methods'' is corrected to read 
``as well as other methods''.
    12. On page 73528, first column, second paragraph, line 1, the 
acronym ``CJR'' is corrected by removing the acronym.
    13. On page 73535, first column, fourth paragraph, line 14, the 
reference ``(NQF #0116)'' is corrected to read ``(NQF #0166)''.

List of Subjects for 42 CFR Part 510

    Administrative practice and procedure, Health facilities, Medicare, 
Reporting and recordkeeping requirements.

    Accordingly, 42 CFR chapter IV is corrected by making the following 
correcting amendments to part 510:

PART 510--COMPREHENSIVE CARE FOR JOINT REPLACEMENT MODEL

0
1. The authority citation for part 510 continues to read as follows:

    Authority: Secs. 1102, 1115A, and 1871 of the Social Security 
Act (42 U.S.C. 1302, 1315(a), and 1395hh).


0
2. Section 510.300 is amended by--
0
a. Removing paragraph (a)(4).
0
b. Redesignating paragraph (a)(5) as new paragraph (a)(4).
0
c. Adding paragraph (c)(2)(iii).
    The addition reads as follows:


Sec.  510.300  Determination of episode target prices.

* * * * *
    (c) * * *
    (2) * * *
    (iii) In performance years 4 and 5, 3.0 percent.
* * * * *


Sec.  510.305  [Amended]

0
3. In Sec.  510.305, paragraph (f)(1)(iii) is amended by removing the 
cross-reference ``Sec.  510.410(b)(5)'' and adding in its place the 
cross-reference ``Sec.  510.410(b)''.

    Dated: February 24, 2016.
Wilma Robinson,
Deputy Executive, Secretary to the Department, Department of Health and 
Human Services.
[FR Doc. 2016-04786 Filed 3-3-16; 8:45 am]
BILLING CODE 4120-01-P