[Federal Register Volume 86, Number 237 (Tuesday, December 14, 2021)]
[Rules and Regulations]
[Pages 70982-70983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26914]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Parts 413 and 512

[CMS-1749-CN]
RIN 0938-AU39


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, and End-Stage Renal Disease Treatment Choices Model; 
Correction

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

ACTION: Final rule; correction.

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SUMMARY: This document corrects a typographic error that appeared in 
the final rule published in the Federal Register on November 8, 2021 
entitled ``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, and End-Stage Renal Disease Treatment Choices 
Model.''

DATES: This correction is effective January 1, 2022.

[[Page 70983]]


FOR FURTHER INFORMATION CONTACT: 
    [email protected], for issues related to the ESRD PPS and 
coverage and payment for renal dialysis services furnished to 
individuals with AKI.
    [email protected], for issues related to the 
Transitional Add-On Payment Adjustment for New and Innovative Equipment 
and Supplies (TPNIES).
    Delia Houseal, (410) 786-2724, for issues related to the ESRD QIP.
    [email protected], for issues related to the ESRD Treatment 
Choices (ETC) Model.

SUPPLEMENTARY INFORMATION:

I. Background

    In FR Doc. 2021-23907 of November 8, 2021 (86 FR 61874), there was 
a typographic error that is identified and corrected by the Correction 
of Errors section below. The correction in this document is effective 
as if it had been included in the document published November 8, 2021. 
Accordingly, the correction is effective January 1, 2022.

II. Summary of Error

    On page 61874, in the third sentence of the first column, we 
inadvertently left the number ``412'' in the CFR citation at the top of 
the document. Therefore, the number ``412'' should be deleted.

III. Waiver of Proposed Rulemaking

    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 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.
    We believe that this correcting document does not constitute a rule 
that would be subject to the notice and comment or delayed effective 
date requirements. This document corrects a typographic error and does 
not make substantive changes to the policies or payment methodologies 
that were adopted in the final rule. Thus, this correcting document is 
intended to ensure that the information is accurately reflected in the 
final rule.
    Even if this were a rulemaking to which the notice and comment 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 calendar year (CY) 2022 End-Stage Renal Disease (ESRD) Prospective 
Payment System (PPS) final rule or delaying the effective date of the 
correction would be contrary to the public interest because it is in 
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 that we previously 
proposed, received public comment on, and subsequently finalized in the 
CY 2022 ESRD PPS final rule. For these reasons, we believe there is 
good cause to waive the requirements for notice and comment and delay 
in effective date.

IV. Correction of Errors

    In FR Doc. 2021-23907 of November 8, 2021 (86 FR 61874), make the 
following correction:
    On page 61874, in the first column; in the third sentence, remove 
the number ``412'' from the CFR citation.

Karuna Seshasai,
Executive Secretary to the Department, Department of Health and Human 
Services.
[FR Doc. 2021-26914 Filed 12-13-21; 8:45 am]
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