[Federal Register Volume 83, Number 248 (Friday, December 28, 2018)]
[Rules and Regulations]
[Pages 67082-67083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28347]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 413 and 414
[CMS-1691-CN]
RIN 0938-AT28
Medicare Program; End-Stage Renal Disease Prospective Payment
System, Payment for Renal Dialysis Services Furnished to Individuals
With Acute Kidney Injury, End-Stage Renal Disease Quality Incentive
Program, Durable Medical Equipment, Prosthetics, Orthotics and Supplies
(DMEPOS) Competitive Bidding Program (CBP) and Fee Schedule Amounts,
and Technical Amendments To Correct Existing Regulations Related to the
CBP for Certain DMEPOS; Correction
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Final rule; correction.
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SUMMARY: This document corrects technical and typographical errors that
appeared in the final rule published in the Federal Register on
November 14, 2018 titled ``Medicare Program; End-Stage Renal Disease
Prospective Payment System, Payment for Renal Dialysis Services
Furnished to Individuals With Acute Kidney Injury, End-Stage Renal
Disease Quality Incentive Program, Durable Medical Equipment,
Prosthetics, Orthotics and Supplies (DMEPOS) Competitive Bidding
Program (CBP) and Fee Schedule Amounts, and Technical Amendments To
Correct Existing Regulations Related to the CBP for Certain DMEPOS.''
DATES: Effective Date: This correction is effective on January 1, 2019.
FOR FURTHER INFORMATION CONTACT: Alexander Ullman, (410) 786-9671 and
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
In FR Doc. 2018-24238 of November 14, 2018 (83 FR 56922), there
were technical and typographical errors that are identified and
corrected in the Correction of Errors section below. The provisions in
this correction document are effective as if they had been included in
the document published on November 14, 2018. Accordingly, the
corrections are effective January 1, 2019.
II. Summary of Errors
On page 57029, we inadvertently made several technical and
typographical errors by referencing the final rule instead of the
proposed rule. We are correcting those errors by replacing references
to ``this rule'' and ``this final rule'' with the correct reference to
the Calendar Year (CY) 2019 End-Stage Renal Disease Prospective Payment
System, Durable Medical Equipment, Prosthetics, Orthotics and Supplies
(CY 2019 ESRD PPS DMEPOS) proposed rule.
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 Social Security Act (the Act)
requires the Secretary of the Department of Health and Human Services
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 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 the notice and comment or delayed
effective date requirements of the APA or section 1871 of the Act. This
document simply corrects technical and typographical errors in the
preamble, but does not make substantive changes to the policies or
payment methodologies that were adopted in the final rule. As a result,
[[Page 67083]]
this correcting document is intended to ensure that the information in
the final rule accurately reflects the policies adopted in that
document.
Even if this were a rulemaking to which the notice and comment and
delayed effective date requirements applied, we find there is good
cause to waive such requirements. Undertaking further notice and
comment procedures to incorporate the corrections in this document in
the final rule or delaying the effective date of the corrections would
be contrary to 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 we
previously proposed, received public comment on, and subsequently
finalized in the final rule. For these reasons, we believe that we have
good cause to waive the notice and comment and delay in effective date
requirements.
IV. Correction of Errors
In FR Doc. 2018-24238 of November 14, 2018 (83 FR 56922), make the
following corrections:
1. On page 57029, first column, second full paragraph,
a. In line 16, the reference ``this rule'' is corrected to read
``the CY 2019 ESRD PPS DMEPOS proposed rule''.
b. In line 17, the reference ``this final rule'' is corrected to
read ``the CY 2019 ESRD PPS DMEPOS proposed rule''.
2. On page 57029, second column, second full paragraph, in lines 27
and 28, the reference ``this final rule'' is corrected to read ``the CY
2019 ESRD PPS DMEPOS proposed rule''.
Dated: December 20, 2018.
Ann C. Agnew,
Executive Secretary to the Department, Department of Health and Human
Services.
[FR Doc. 2018-28347 Filed 12-21-18; 4:15 pm]
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