[Federal Register Volume 85, Number 167 (Thursday, August 27, 2020)]
[Proposed Rules]
[Pages 52940-52941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18867]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Part 411

[CMS-1720-RCN]
RIN 0938-AT64


Medicare Program; Modernizing and Clarifying the Physician Self-
Referral Regulations Extension of Timeline for Publication of Final 
Rule

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

ACTION: Extension of timeline for publication of final rule.

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SUMMARY: This notice announces an extension of the timeline for 
publication of a Medicare final rule in accordance with the Social 
Security Act, which allows us to extend the timeline for publication of 
the final rule.

DATES: As of August 26, 2020, the timeline for publication of the final 
rule to finalize the provisions of the October 17, 2019 proposed rule 
(84 FR 55766) is extended until August 31, 2021.

FOR FURTHER INFORMATION CONTACT: Lisa O. Wilson, (410) 786-8852.

SUPPLEMENTARY INFORMATION: In the October 17, 2019 Federal Register (84 
FR 55766), we published a proposed rule that addressed undue regulatory 
impact and burden of the physician self-referral law. The proposed rule 
was issued in conjunction with the Centers for Medicare & Medicaid 
Services' (CMS) Patients over Paperwork initiative and the Department 
of Health and Human Services' (the Department or HHS) Regulatory Sprint 
to Coordinated Care. In the proposed rule, we proposed exceptions to 
the physician self-referral law for certain value-based compensation 
arrangements between or among physicians, providers, and suppliers; a 
new exception for certain arrangements under which a physician receives 
limited remuneration for items or services actually provided by the 
physician; a new exception for donations of cybersecurity technology 
and related services; and amendments to the existing exception for 
electronic health records (EHR) items and services. The proposed rule 
also provides critically necessary guidance for physicians and health 
care providers and suppliers whose financial relationships are governed 
by the physician self-referral statute and regulations. This notice 
announces an extension of the timeline for publication of the final 
rule and the continuation of effectiveness of the proposed rule.
    Section 1871(a)(3)(A) of the Social Security Act (the Act) requires 
us to establish and publish a regular timeline for the publication of 
final regulations based on the previous publication of a proposed 
regulation. In accordance with section 1871(a)(3)(B) of the Act, the 
timeline may vary among different regulations based on differences in 
the complexity of the regulation, the number and scope of comments 
received, and other relevant factors, but may not be longer than 3 
years except under exceptional circumstances. In addition, in 
accordance with section 1871(a)(3)(B) of the Act, the Secretary may 
extend the initial targeted publication date of the final regulation if 
the Secretary, no later than the regulation's previously established 
proposed publication date, publishes a notice with the new target date, 
and such notice includes a brief explanation of the justification for 
the variation.
    We announced in the Spring 2020 Unified Agenda (June 30, 2020, 
www.reginfo.gov) that we would issue the final rule in August 2020. 
However, we are still working through the

[[Page 52941]]

complexity of the issues raised by comments received on the proposed 
rule and therefore we are not able to meet the announced publication 
target date. This notice extends the timeline for publication of the 
final rule until August 31, 2021.

    Dated: August 24, 2020.
Wilma M. Robinson,
Deputy Executive Secretary to the Department, Department of Health and 
Human Services.
[FR Doc. 2020-18867 Filed 8-26-20; 8:45 am]
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