[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]
 BILLING CODE 4120-01-P