[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)]
[Rules and Regulations]
[Pages 61567-61568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26079]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 416 and 419

[CMS-1695-CN]
RIN 0938-AT30


Medicare Program: Changes to Hospital Outpatient Prospective 
Payment and Ambulatory Surgical Center Payment Systems and Quality 
Reporting Programs; Correction

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

ACTION: Final rule; correction.

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SUMMARY: This document corrects an error that appeared in the final 
rule with comment period published in the Federal Register on November 
21, 2018, entitled ``Medicare Program: Changes to Hospital Outpatient 
Prospective Payment and Ambulatory Surgical Center Payment Systems and 
Quality Reporting Programs.'' Specifically, this document corrects the 
public comment period end date. The corrected date is January 2, 2019.

DATES: 
    Effective date: This correction is effective November 29, 2018.
    Comment period: To be assured consideration, comments on the 
payment classifications assigned to the interim APC assignments and/or 
status indicators of new or replacement Level II HCPCS codes in FR Doc. 
2018-24243 of November 21, 2018 (83 FR 58818), must be received at one 
of the addresses provided in the ADDRESSES section no later than 5 p.m. 
EST on January 2, 2019.

FOR FURTHER INFORMATION CONTACT: Marjorie Baldo, (410) 786-4617.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. 2018-24243 of November 21, 2018 (83 FR 58818), entitled 
``Medicare Program: Changes to Hospital Outpatient Prospective Payment 
and Ambulatory Surgical Center Payment Systems and Quality Reporting 
Programs'' (hereinafter referred to as the CY 2019 OPPS/ASC final rule 
with comment period), there was an error that is identified and 
corrected in the Correction of Errors section below.

II. Summary of Errors

    On page 58818, we made an error in the DATES section under the 
heading ``Comment period.'' We inadvertently stated that comments on 
the payment classifications assigned to the interim Medicare Ambulatory 
Payment Classification (APC) assignments and/or status indicators of 
new or replacement Level II Healthcare Common Procedure Coding System 
(HCPCS) codes in the final rule with comment period must be received no 
later than 5 p.m. EST on December 3, 2018. The corrected date is 
January 2, 2019, 60 days from the date of filing for public inspection.

III. Waiver of Proposed Rulemaking

    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) 
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 of 
the 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 is 
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 an agency includes a statement of support.
    We believe that this correcting document does not constitute a 
rulemaking that would be subject to these requirements. This correcting

[[Page 61568]]

document corrects a technical error in the preamble to the CY 2019 
OPPS/ASC final rule with comment period but does not make substantive 
changes to the policies or payment methodologies that were adopted in 
the final rule. Rather, it is intended to ensure that the public has 60 
days to comment on the payment classifications assigned to the interim 
APC assignments and/or status indicators of new or replacement Level II 
HCPCS codes in the CY 2019 OPPS/ASC final rule with comment period, 
which is the duration of the typical comment period on these topics.
    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 correction 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 to have adequate time to comment on the payment 
classifications assigned to the interim APC assignments and/or status 
indicators of new or replacement Level II HCPCS codes included in the 
CY 2019 OPPS/ASC final rule with comment period.
    Furthermore, such procedures would be unnecessary, as we are not 
altering our payment methodologies or policies, but rather, we are 
simply correcting the incorrect comment period end date. This 
correcting document is intended solely to ensure that the comment 
period end date included in the CY 2019 OPPS/ASC final rule with 
comment period is correct for those items on which the public can 
submit public comments. For these reasons, we believe we have good 
cause to waive the notice and comment and effective date requirements.

IV. Correction of Errors

    In FR Doc. 2018-24243 of November 21, 2018 (83 FR 58818), make the 
following corrections:
    1. On page 58818, in the second column, in the DATES section, under 
the heading ``Comment Period,'' correct ``December 3, 2018'' to read 
``January 2, 2019''.

    Dated: November 26, 2018.
 Ann C. Agnew,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2018-26079 Filed 11-29-18; 8:45 am]
 BILLING CODE 4120-01-P