[Federal Register Volume 82, Number 54 (Wednesday, March 22, 2017)]
[Rules and Regulations]
[Page 14639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05675]



[[Page 14639]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 405, 410, 411, 414, 417, 422, 423, 424, 425, and 460

[CMS-1654-CN4]
RIN 0938-AS81


Medicare Program; Revisions to Payment Policies Under the 
Physician Fee Schedule and Other Revisions to Part B for CY 2017; 
Medicare Advantage Bid Pricing Data Release; Medicare Advantage and 
Part D Medical Loss Ratio Data Release; Medicare Advantage Provider 
Network Requirements; Expansion of Medicare Diabetes Prevention Program 
Model; Medicare Shared Savings Program Requirements; Corrections

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

ACTION: Final rule; correction.

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SUMMARY: This document corrects technical errors in the addenda to the 
final rule published in the November 15, 2016, Federal Register 
entitled, ``Medicare Program; Revisions to Payment Policies under the 
Physician Fee Schedule and Other Revisions to Part B for CY 2017; 
Medicare Advantage Bid Pricing Data Release; Medicare Advantage and 
Part D Medical Loss Ratio Data Release; Medicare Advantage Provider 
Network Requirements; Expansion of Medicare Diabetes Prevention Program 
Model; Medicare Shared Savings Program Requirements.''

DATES: This correcting document is effective March 21, 2017 and is 
applicable beginning January 1, 2017.

FOR FURTHER INFORMATION CONTACT: Jessica Bruton (410) 786-5991.

SUPPLEMENTARY INFORMATION:

I. Background

    In the addenda to FR Doc 2016-26668 (81 FR 80170 through 80562), 
the final rule entitled, ``Medicare Program; Revisions to Payment 
Policies under the Physician Fee Schedule and Other Revisions to Part B 
for CY 2017; Medicare Advantage Bid Pricing Data Release; Medicare 
Advantage and Part D Medical Loss Ratio Data Release; Medicare 
Advantage Provider Network Requirements; Expansion of Medicare Diabetes 
Prevention Program Model; Medicare Shared Savings Program 
Requirements'' there was a technical error in an element of the payment 
calculation for several services that is identified and corrected in 
this correcting document. These corrections are effective as if they 
had been included with the document published November 15, 2016. 
Accordingly, the corrections are applicable beginning January 1, 2017.

II. Summary and Correction of Errors in the Addenda on the CMS Web Site

    Due to a technical error in the allocation of indirect practice 
expense (PE) for CPT codes 97161 through 97168, the incorrect CY 2017 
PE relative value units (RVUs) were included in Addendum B. The 
corrected CY 2017 PE RVUs for these codes are reflected in the 
corrected Addendum B available on the CMS Web site at www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/PhysicianFeeSched/index.html.

III. Waiver of Proposed Rulemaking

    Under 5 U.S.C. 553(b) of the Administrative Procedure Act (the 
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 Social Security Act (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 APA notice and 
comment, and delay in effective date 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 notice and comment rulemaking procedures 
for good cause if the agency makes a finding that the notice and 
comment process is impracticable, unnecessary, or contrary to the 
public interest, and includes a statement of the finding and the 
reasons for it in the rule. In addition, section 553(d)(3) of the APA 
and section 1871(e)(1)(B)(ii) 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 in the rule a statement of the finding 
and the reasons for it.
    In our view, this correcting document does not constitute a 
rulemaking that would be subject to these requirements. This document 
merely corrects technical errors in the CY 2017 PFS final rule. The 
corrections contained in this document are consistent with, and do not 
make substantive changes to, the policies and payment methodologies 
that were proposed subject to notice and comment procedures and adopted 
in the CY 2017 PFS final rule. As a result, the corrections made 
through this correcting document are intended to resolve inadvertent 
errors so that the rule accurately reflects the policies adopted in the 
final rule.
    Even if this were a rulemaking to which the notice and comment 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 CY 2017 PFS final rule or delaying the effective date of the 
corrections would be contrary to the public interest because it is in 
the public interest to ensure that the rule accurately reflects our 
policies as of the date they take effect. Further, such procedures 
would be unnecessary because we are not making any substantive 
revisions to the final rule, but rather, we are simply correcting the 
Federal Register document to reflect the policies that we previously 
proposed, received public comment on, and subsequently finalized in the 
final rule. For these reasons, we believe there is good cause to waive 
the requirements for notice and comment and delay in effective date.

    Dated: March 16, 2017.
Ann C. Agnew,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2017-05675 Filed 3-21-17; 8:45 am]
 BILLING CODE 4120-01-P