[Federal Register Volume 85, Number 169 (Monday, August 31, 2020)]
[Rules and Regulations]
[Pages 53679-53680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18905]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Part 418

[CMS-1629-F2]
RIN-0938-AS39


Medicare Program; FY 2016 Hospice Wage Index and Payment Rate 
Update and Hospice Quality Reporting Requirements; Correcting Amendment

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

ACTION: Final rule; correcting amendment.

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SUMMARY: In the August 6, 2015 issue of the Federal Register, we 
published a final rule that provided hospice quality reporting program 
updates, including finalizing the proposal to codify the Hospice 
Quality Reporting Program Submission Extension and Exemption 
Requirements. The effective date of the final rule was October 1, 2015. 
This correcting amendment corrects an omission identified in the August 
6, 2015 final rule.

DATES: Effective date: August 31, 2020.
    Applicability dates: This correcting amendment is applicable 
beginning October 1, 2015.

FOR FURTHER INFORMATION CONTACT: Cindy Massuda, (443) 570-9589.

SUPPLEMENTARY INFORMATION:

I. Background

    In FR Doc. 2015-19033 (80 FR 47142), the final rule entitled ``FY 
2016 Hospice Wage Index and Payment Rate Update and Hospice Quality 
Reporting Requirements'' (hereinafter referred to as the FY 2016 final 
rule), there were technical errors that are identified and corrected in 
the regulations text of this correcting amendment. The provisions of 
this correcting amendment are applicable beginning October 1, 2015.

II. Summary of Errors

A. Summary of Errors in the Preamble

    On page 47194, in the first paragraph of the second column states, 
``Final Action: After consideration of comments, and given the 
clarification above, CMS is finalizing our proposal to codify the HQRP 
Submission Extension and Exemption Requirements at Sec.  418.312.'' The 
revision needs to be added to the regulations text and the Code of 
Federal Regulations (CFR).

[[Page 53680]]

B. Summary of Errors in the Regulations Text

    On page 47207 of the FY 2016 final rule, we made technical errors 
in the regulations text of Sec.  418.312. In this section, we 
inadvertently omitted language on our extension and exemption 
requirements policy. Accordingly, we are adding Sec.  418.312(i) to 
accurately reflect our policy on extension and exemption requirements 
for the hospice quality reporting program (HQRP).

C. Summary and Corrections of Errors in the Addenda on the CMS Website

    We inadvertently omitted language on our extension and exemption 
requirements policy. Accordingly, we are adding Sec.  418.312(i) to 
accurately reflect our policy on extension and exemption requirements 
for the HQRP.

III. Waiver of Proposed Rulemaking and Delay in Effective Date

    We ordinarily publish a notice of proposed rulemaking in the 
Federal Register to provide a period for public comment before the 
provisions of a rule take effect in accordance with section 553(b) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). However, we 
can waive this notice and comment procedure if the Secretary of the 
Department of Health and Human Services (Secretary) finds, for good 
cause, that the notice and comment process is impracticable, 
unnecessary, or contrary to the public interest, and incorporates a 
statement of the finding and the reasons therefore in the notice.
    Section 553(d) of the APA ordinarily requires a 30-day delay in 
effective date of final rules after the date of their publication in 
the Federal Register. This 30-day delay in effective date can be 
waived, however, if an agency finds for good cause that the delay is 
impracticable, unnecessary, or contrary to the public interest, and the 
agency incorporates a statement of the findings and its reasons in the 
rule issued.
    Our policy on HQRP Submission Extension and Exemption Requirements 
at Sec.  418.312 in the FY 2016 final rule has previously been 
subjected to notice and comment procedures. These corrections are 
consistent with the discussion of this policy in the FY 2016 final rule 
and do not make substantive changes to this policy as referenced at 80 
FR 47193, ``in order to be considered, a request for an exemption or 
extension must contain all of the finalized requirements as outlined on 
our website at https://wayback.archive-it.org/2744/20150127181435/http:/www.cms.gov/Medicare/Quality-Initiatives-Patient-Assessment-Instruments/Hospice-Quality-Reporting/index.html.''
    This correcting amendment merely corrects technical errors in the 
regulations text of the FY 2016 final rule. As a result, this 
correcting amendment is intended to ensure that the FY 2016 final rule 
accurately reflects the policy adopted in the final rule. Therefore, we 
find that undertaking further notice and comment procedures to 
incorporate these corrections into the final rule is unnecessary and 
contrary to the public interest.
    For the same reasons, we are also waiving the 30-day delay in 
effective date for this correcting amendment. We believe that it is in 
the public interest to ensure that the FY 2016 final rule accurately 
states our policy on HQRP Submission Extension and Exemption 
Requirements at Sec.  418.312. Thus delaying the effective date of 
these corrections would be contrary to the public interest. Therefore, 
we also find good cause to waive the 30-day delay in effective date.

List of Subjects in 42 CFR Part 418

    Health facilities, Hospice care, Medicare, Reporting and 
recordkeeping requirements.

    Accordingly, 42 CFR chapter IV is corrected by making the following 
correcting amendments:

PART 418--HOSPICE CARE

0
1. The authority citation for part 418 continues to read as follows:

    Authority:  42 U.S.C. 1302 and 1395hh.

0
2. Section 418.312 is amended by adding paragraph (i) to read as 
follows:


Sec.  418.312  Data submission requirements under the hospice quality 
reporting program.

* * * * *
    (i) Exemptions and extensions requirements. (1) A hospice may 
request and CMS may grant exemptions or extensions to the reporting 
requirements under paragraph (b) of this section for one or more 
quarters, when there are certain extraordinary circumstances beyond the 
control of the hospice.
    (2) A hospice requesting an exemption or extension must do so 
within 90 days of the date that the extraordinary circumstances 
occurred by sending an email to CMS Hospice QRP Reconsiderations at 
[email protected] that contains all of the 
following information:
    (i) Hospice CMS Certification Number (CCN).
    (ii) Hospice Business Name.
    (iii) Hospice Business Address.
    (iv) CEO or CEO-designated personnel contact information including 
name, title, telephone number, email address, and mailing address (the 
address must be a physical address, not a post office box).
    (v) Hospice's reason for requesting the exemption or extension.
    (vi) Evidence of the impact of extraordinary circumstances beyond 
the hospice's control, including, but not limited to photographs, 
newspaper, other media articles, or independent sources attesting to 
the incident that can be reasonably corroborated. Include dates of 
occurrence and other documentation that may support the rationale for 
seeking extension or exemption.
    (vii) Date when the hospice believes it will be able to again 
submit data under paragraph (b) of this section and a justification for 
the proposed date.
    (3) CMS may grant exemptions or extensions to hospices without a 
request if it determines that one or more of the following has 
occurred:
    (i) An extraordinary circumstance, such as an act of nature 
including a pandemic, affects an entire region or locale.
    (ii) A systemic problem with one of CMS' data collection systems 
directly affect the ability of a hospice to submit data under paragraph 
(b) of this section.

    Dated: August 24, 2020.
Wilma M. Robinson,
Deputy Executive Secretary to the Department, Department of Health and 
Human Services.
[FR Doc. 2020-18905 Filed 8-28-20; 8:45 am]
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