[Federal Register Volume 82, Number 32 (Friday, February 17, 2017)]
[Rules and Regulations]
[Pages 10961-10962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03347]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 510 and 512

[CMS-5519-F2]
RIN 0938-AS90


Medicare Program; Advancing Care Coordination Through Episode 
Payment Models (EPMs); Cardiac Rehabilitation Incentive Payment Model; 
and Changes to the Comprehensive Care for Joint Replacement Model; 
Delay of Effective Date

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

ACTION: Final rule; delay of effective date.

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SUMMARY: In accordance with the memorandum of January 20, 2017, from 
the Assistant to the President and Chief of Staff, entitled 
``Regulatory Freeze Pending Review'', this action delays for 60 days 
from the date of the memorandum the effective date of the rule entitled 
``Advancing Care Coordination Through Episode Payment Models (EPMs); 
Cardiac Rehabilitation Incentive Payment Model; and Changes to the 
Comprehensive Care for Joint Replacement Model'' published in the 
January 3, 2017 Federal Register (82 FR 180). That rule implements 
three new Medicare Parts A and B episode payment models and a Cardiac 
Rehabilitation (CR) Incentive Payment model, and implements changes to 
the existing Comprehensive Care for Joint Replacement model under 
section 1115A of the Social Security Act (the Act). Under the three new 
episode payment models, acute care hospitals in certain selected 
geographic areas will participate in retrospective episode payment 
models targeting care for Medicare fee-for-service beneficiaries 
receiving services during acute myocardial infarction, coronary artery 
bypass graft, and surgical hip/femur fracture treatment episodes. All 
related care within 90 days of hospital discharge will be included in 
the episode of care. Under the CR Incentive Payment model, acute care 
hospitals in certain selected geographic areas will receive 
retrospective incentive payments for beneficiary utilization of cardiac 
rehabilitation/intensive cardiac rehabilitation services during the 90 
days following discharge from a hospitalization treatment of an acute 
myocardial infarction or coronary artery bypass graft surgery. We 
believe these models will further our goals of improving the efficiency 
and quality of care for Medicare beneficiaries receiving care for these 
common clinical conditions and procedures.

DATES: 
    Effective date: The effective date of the final rule published in 
the January 3, 2017 Federal Register (82 FR 180) for provisions that 
were to become effective on February 18, 2017, is delayed to a new 
effective date of March 21, 2017. The provisions contained in the 
following amendatory instructions remain effective July 1, 2017: Number 
3 amending 42 CFR 510.2; number 4 adding 42 CFR 510.110; number 6 
amending 42 CFR 510.120; number 14 amending 42 CFR 510.405; number 15 
amending 42 CFR 510.410; number 16 revising 42 CFR 510.500; number 17 
revising 42 CFR 510.505; number 18 adding 42 CFR 510.506; and number 19 
amending 42 CFR 510.515.
    Applicability date: The regulations at 42 CFR part 512 are 
applicable on July 1, 2017.

[[Page 10962]]


FOR FURTHER INFORMATION CONTACT: Nora Fleming, (410) 786-6908.
    For questions related to the EPMs: [email protected]. For 
questions related to the CJR model: [email protected].

SUPPLEMENTARY INFORMATION: To the extent that section 553 of the 
Administrative Procedure Act (APA) applies to this action to 
temporarily delay the rule's effective date, it is exempt from notice 
and comment because it constitutes a rule of procedure under 5 U.S.C. 
553(b)(A). Furthermore, 5 U.S.C. 553(b)(B) permits a waiver of prior 
notice and comment if an agency finds good cause that a notice-and-
comment procedure is impracticable, unnecessary, or contrary to the 
public interest. Similarly, section 1871 of the Act, which normally 
requires prior notice and a 60-day public comment period for rules that 
establish or change a substantive legal standard, permits waiver of the 
comment period when there is good cause for an exception under 5 U.S.C. 
553(b)(B). In addition, the requirement under section 553(d) of the APA 
for a 30-day delay in the effective date of a rule can be waived for 
good cause. Consistent with the Assistant to the President and Chief of 
Staff's memorandum of January 20, 2017, we are postponing for 60 days 
from the date of the memorandum, the effective date of the final rule 
to allow Department officials the opportunity for further review and 
consideration of new regulations. Moreover, we are exercising no 
discretion in implementing this specific provision of the memorandum. 
As a result, undertaking notice and comment procedure for this delay is 
unnecessary and contrary to the public interest, and we find good cause 
to waive the notice and comment requirements. For these same reasons, 
we find good cause to waive the 30-day delay in effective date provided 
for in 5 U.S.C. 553(d). Based on these findings, this rule is effective 
immediately upon publication in the Federal Register.

    Dated: February 10, 2017.
Patrick H. Conway,
Acting Administrator, Centers for Medicare & Medicaid Services.
    Approved: February 15, 2017.
Thomas E. Price,
Secretary, Department of Health and Human Services.
[FR Doc. 2017-03347 Filed 2-15-17; 4:15 pm]
BILLING CODE 4120-01-P